decree can certainly be considered, the court cannot
be oblivious of frivolous objections being filed after
a decree is passed in long-drawn contested
proceedings ... Attempt to deprive the decree-holder
of benefit of such decree should be discouraged by
the court where such objection is raised. The
impugned order
cases framed issues
and thereafter on due contest, the suits were decreed
and the money decree has been granted in favour of
Respondent ... filed a
suit for recovery of the money and after due contest, a
decree has been granted for recovery of the said
13
amount
pronounced against such party and a
decree is drawn up, such party may, in an appeal
against the decree, contend that such order should ... record a
compromise, it shall be open to the appellant to
contest the decree on the ground that the compromise
should, or should not, have
permitted
defendant No.7 to file statement of objection and contest
the final decree proceedings.
5. As could be seen from the judgment and
decree ... parte and permitted her to file statement of
objections and contest the final decree proceedings.
6. As could be seen from the order passed
records. The present petitioners
after coming to know about the Ex-parte decree have filed
Miscellaneous Application under Order IX Rule ... legal heirs of defendant No.1- the present
petitioners are already contesting final decree proceeding by
impleading themselves as party
year 2007. The same was decreed as per
the compromise. The final decree proceedings were
initiated. A delivery warrant was issued on 06.04.2013,
since ... Even otherwise,
the decree that has been granted based on the compromise
between the parties. It is not a decree on contest
Judge, Bengaluru, have come up in this
appeal impugning the judgment and decree dated
11.04.2003. Admittedly, the said suit in O.S.No.2089/1986 ... said proceedings. The said suit was contested
on merits and decreed by the judgment and decree dated
11.04.2003.
2. In the said proceedings, the facts
aside
the judgment and decree passed in OS No.49/1973 and
consequent compromise and drawing up of the final decree ... decree is not binding upon
them. The defendant Nos.2 & 3 more particularly
defendant No.3 encouraged and assisted in challenging the
said decree
negative
and by its judgment and decree dated 28.2.2007,
decreed the suit of the plaintiff in part, holding that the
defendants are liable ... appeal challenging the judgment and
decree passed by the trial Court, however, it would not
preclude from contesting the matter in view of the Order
Court in HRRP 121/2013 on 25.9.2013 and therefore,
there was no decree as on that date. Subsequently, the
suit filed by him was decreed ... decree can
certainly be considered, the court cannot be oblivious of
frivolous objections being filed after a decree is passed in
long-drawn contested proceedings
