actual modalities of
physical partition of the property. There was no consent decree
between the parties in the suit, however, in the present case ... wherein in para 8 it was observed:
"8. ... A consent decree, (according ?) to the decisions of
this Court, does not operate as res judicata
though it was supposedly buried in the coffin of a consent term and consent decree given by the Court on 8th December, 1995. Even thereafter ... mentioned in the form of immovable property mentioned in the consent terms or consent decree has to be included under the caption the subject matter
divorce by mutual consent under Section 13 B of the said Act can unilaterally withdraw the consent or the consent once given is irrevocable ... against the consent of the other. Such a decree cannot be regarded as decree by mutual consent. The Supreme Court further observed that
filing a terms of
settlement on the basis of which a consent decree was passed on 5th
May, 1959. It was recorded in the consent ... consent decree dated 5th May, 1959 without the consent of the parties.
The consent decree did not provide that the conveyance is to be
executed
consent decree. Controversy is whether it is a preliminary decree or final decree or partly preliminary and partly final decree. Section 2 of the Code ... final decree for bringing the propel to Court sale. To this extent the decree is a preliminary decree. But the decree further recites that
them without first getting the decree amended so as to show that the decree itself indicates that this decree is executable against the legal representatives ... consent decree or a decree in invitum and the decree would be a nullity because it is a forbidden decree.
The pertinent observations made therein
that the agreement was lawful, sanctioned the compromise and passed a consent decree in terms of the compromise arrived at between the parties. Some ... would the High Court decree. Nevertheless, the decree passed by the Supreme Court which would be the only operative decree would have great value
from an original decree passed ex parte.
(3) No appeal shall lie from a decree passed by the Court with
the consent of parties ... decree on the ground that the
compromise should not have been recorded. When Section
96(3) bars an appeal against decree passed with the consent
decree may be attacked, holds its force and binds all
concerned.'
Therefore, a decree obtained after contest is as good a
decree as consented ... consent decree dated 1.5.1982 on the ground of
non-registration being a party to that decree itself. He could
challenge that decree only
obtain an order of regularization under Clause 3 of the Consent Decree dated 19.4.2011, as already ordered by this Court upto 17.1.2012 by order dated ... obtain an order of regularisation under Clause 3 of the consent decree.
5.The relevant part of the consent decree dated 19.4.2011, reads as under
