consent decree is objected to and upon such disputed
premise, the the court passes decree, in such circumstances, the appeal
against such decree would ... consent decree to avoid such consent
decree, is to approach the Court which recorded the compromise and
made a decree in terms
Civil Judge drew a preliminary decree as under:
“ ORDER
The suit is decreed preliminarily on contest against defendant No: 1 with
costs ... allotted to them separately in consequence of the final decree
proceeding. Hearing fee at contested useable.”
10. Thus, the Trial Court directed that
protection afforded by Section 15 is primarily to a
person contesting the decree of divorce. As observed by Bobde, J. in
his concurring judgment ... different from a contested
one. Even Section 15 of the Act does not make any distinction between a
contested decree and an ex parte decree
Rs.10 Lakh To The vs Nirupama Devi And Another on 14 March, 2023
Author
Judgment Debtor based upon the consent decree of partition obtained a
decree and registered the decree before the SRO, Komangalam on
04.06.2014, while the property ... Court auction. The decree in the suit is a contested decree. When
the upset price was fixed bringing the property to sale, I find from
barred from seeking modification of
maintenance granted under decree of divorce by mutual consent?
13. Admittedly, decree of divorce is obtained in a petition filed ... maintenance and said provision does not
distinguish between consent and contested decree of divorce.
14. Section 25(2) of H.M. Act, specifically provides that
full
decree on merits'. A decree which is passed ex parte is as good
and effective as a decree passed after contest. Before ... such a decree cannot be considered to be a decree
passed on merits. It is undoubtedly a decree which is passed
without contest
evidence was led in the matter, the Trial
Court passed a contested decree on merits was passed on 28.11.2014 in
favour of Respondent ... Registration Act.
8. The decree of possession passed on 28.11.2014 was a contested
judgement and has been upheld by the Appellate Court. There is, therefore
nature of decree as against the first defendant, as the decree against him
is on merits. To put it differently the decree ... decree.
21. Therefore, now, we are only concerned about the decree
passed against the second defendant. Admittedly, as against the second
defendant, the decree
void. But if the same having
resulted in grant of a decree, the decree based on compromise
was required to be set aside. The compromise ... consent decree, as is well known, is
as good as a contested decree. Such a decree must be set aside
if it has been passed
