having been procured by undue
influence. The agreement/compromise in the case of a compromise decree has the
imprimatur of a court. The Supreme Court ... would be entitled to after entering into the compromise, delay the efficacious execution
of such compromise decree merely by alleging fraud/undue influence
terms of the compromise
recorded in I.A.No.526 of 2012. Ext.P2 is the compromise decree
passed by the Family Court ... before making any alterations to the terms of compromise
contained in Ext.P2 compromise decree dated 4.4.2012 and also
seeking an order to give
before the same court that recorded the compromise and a fresh suit for setting aside a compromise decree is expressly barred under Order 23 Rule ... also covers a decree based on a fraudulent compromise hence, a challenge to a compromise decree on the ground that it was obtained by fraudulent
compromise decree and also admitted that the decree of Lok Adalat is only
preliminary decree and he took a stand that the final decree could ... parties in terms of the compromise. Hence, the appellant cannot question the
validity of the compromise decree.
29. Learned Senior Counsel appearing for the respondent
based on which a compromise decree dated May 14, 1998 (hereinafter referred to as "the
said compromise decree") was passed by the Division ... metes and bounds. According to the petitioners, as per the said compromise decree the
front portion of the suit property comprising 10 cottahs 3 chittacks
cases where a party disputes being signatory to the compromise or the compromise decree is challenged on ground of fraud, undue influence or misrepresentation ... passed in suit after recording a compromise or refusing to record a compromise is entitled to contest the decree on the ground that the compromise
plaintiff after expiry of 15 years.
Compromise acted upon.
8. In pursuance of the aforesaid compromise decree, the original plaintiff/decree holder/present petitioner ... compromise decree in favour of the decree holder. Had the intention been to recover possession by putting the decree in execution, then the decree would
behalf of the respondents, a compromise decree was passed enabling the decree holder to execute the decree, if the tenant failed to vacate the premises ... part of the tenant, such a decree cannot be said to be a penal decree. If, however the decree allowed the tenant to continue
lawful agreement or compromise, the Court shall order
such agreement or compromise to be recorded and pass a decree in
accordance therewith. Rule 3 uses ... compromise. None of the parties including petitioner
objected to the compromise deed or contents thereof. In these
circumstances, the compromise decree was passed
decree or order of a Court
[except a decree or order expressed to be made
on a compromise and comprising immovable
property other than that ... apparent that the
5
decree would not require registration.
[4] If the decree were not to embody the
terms of compromise, as was the position
