Karnataka Stamp Act, 1957
KARNATAKA
India
Karnataka Stamp Act, 1957
Act 34 of 1957
Published
taken out
by the Plaintiffs/Decree Holders to execute the Consent Decree dated 16th
February 2016 be dismissed.
(e) That the Plaintiffs be ordered ... declaration that the Consent Decree dated 16th
February, 2016 is a nullity and incapable of being executed
against Defendant
given under the aforesaid consent decree is on the basis of the said consent decree having ceased to be executable, and hence that case must ... effect that an executing Court is not always bound to execute a consent decree according to its terms if these are contrary to the terms
consent decree came to be passed and on the basis
of the said consent decree, opponent No.6 - power of attorney had
executed the sale ... pocketing the money, opponent No.11 entered into a consent terms
and a consent decree came to be passed in their favour which was
subject
decree, the same was not executable. The executing Court over-ruled these objections and held that the decree was executable. The said decree ... lower Court was that the consent decree was inadmissible in evidence for want of registration. This consent decree, it must be noted, was passed under
signed the consent terms. There is no challenge to the consent terms and the decree in terms of the consent terms. Besides, the defendants have ... Executing Court. It was on the point of nullity of a decree and the Executing Court can refuse to execute such a decree which
basis of which a consent decree was passed on 5th
May, 1959. It was recorded in the consent decree that the suit property
should ... 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
mortgagors on payment of the decree amount and such a decree can be executed through Court. Even if the decree was for sale of mortgage ... decree may have to be executed on either side. Normal concept that decree can be executed by the plaintiff decree-holder is not exhaustive
specific case that it was open for the petitioner to execute the said consent decree by taking appropriate proceedings against the tenants within a stipulated ... contra, submitted that the petitioner is indirectly seeking to execute the consent decree dated 29th February, 1952 passed by this Court after lapse
borrowers have every right to be the decree-holder for compliance
of the consent decree. The Executing Court also rendered a finding that
the plain ... terms and conditions of the
consent decree, the borrowers were not liable to comply with the
consent decree.
56. It is submitted by the learned
