execution of a decree for eviction the compromise may extinguish the decree
and create a fresh lease or the compromise may provide a new mode ... mentioned in the
compromise agreement and that if the respondent violated the terms of the
compromise, the decree could be executed within the said span
execution of a decree for eviction the compromise may extinguish the decree
and create a fresh lease or the compromise may provide a new mode ... mentioned in the
compromise agreement and that if the respondent violated the terms of the
compromise, the decree could be executed within the said span
decree. A
compromise decree is also a decree...Simply because a decree is
a compromise decree, it cannot be said that the decree ... incidence of any
decree, including a preliminary compromise decree. An otherwise
legally valid compromise decree is enforceable by instituting final
decree proceedings, as any interpretation
artificial
construction of the words "Court executing the
decree". The expression "Court executing the
decree" has not been defined, and having ... submission, compromise
decree stood superseded with the execution of fresh
lease deed. The compromise decree thus no longer
exists. The executing Court found that
DBPL through Divij Mehra
on the ground that the Compromise Decree was executed on behalf of
DBPL through R.K. Nanda who in fact ... filed for Compromise Decree did
not bear the signature of all the Parties:
113. The other ground on which the Compromise Decree is claimed
DBPL through Divij Mehra
on the ground that the Compromise Decree was executed on behalf of
DBPL through R.K. Nanda who in fact ... filed for Compromise Decree did
not bear the signature of all the Parties:
113. The other ground on which the Compromise Decree is claimed
executed, as a decree that is to be executed would also
include proceedings under Section 431 of the CrPC. To
enforce such compromise, the Court ... conviction on compromise like in
the case at hand, take advantage of the laborious rigmarole
of procedure of getting the compromise decree executed and
bring
compromise, does not ipso facto culminate into an executable
decree unless the compromise is expressly recorded by way of an order and
3
2007 INSC ... compromise decree. While the compromise
or MoU remains binding inter se the parties, its enforcement in execution is
precluded unless crystallised into a decree; otherwise
Judge, Jr.Dn.
Vijayapura against the defendant No.1 to execute the
compromise decree in O.S.No.297/2002 and for an order ... cannot proceed with the execution
petition filed to execute the compromise decree in
O.S.No.297/2002. The plaintiffs therefore sought for the
aforesaid
compromise decree to the plaintiffs
decree holders/petitioners even after the expiry of stipulated
period mentioned in the decree. The plaintiffs decree/holder
were constrained ... decreed as
per the terms of compromise. The
compromise petition shall be part
of the decree. To prepare decree
accordingly.''
19. The aforesaid
