maintainable as decree initially
which was consent decree having been objected losses character
of consent decree and becomes decree on contest and as such
amenable ... made to the consent
decree, consent decree would loss its nature of being consent
decree. It is now decree after contest. Phrase 'adjustment
Karshandas B Makadia vs State Of Gujarat on 1 May, 2024
NEUTRAL CITATION
C/SCA
decree for permanent prohibitory injunction and
decree for separate possession by partitioning the suit
land.
4. When put to notice, the suit has been contested ... 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
compromise decree and the res judicata
founded on a contested decree serve more or less the same
purpose ... consent decree, according to the decisions of this
Court, does not operate as res judicata, because a consent decree is
merely the record
having knowledge about the attachment was made
absolute and passing decree on contest, by the defendants 1 and 2, on
29.06.2001. Therefore, attachment will prevail ... Procedure Code. Here the
15
second defendant who contested the suit proceedings and being
aggrieved thereby decree and judgment passed by the trial Court
filed
17
to declare the preliminary decree and also the final decree in
O.S. No. 471 of 1987 as null and void ... final decree
petition in I.A. No.507 of 2004. They contested final decree
petition by opposing appointment of commissioner to divide the
schedule property
filed
17
to declare the preliminary decree and also the final decree in
O.S. No. 471 of 1987 as null and void ... final decree
petition in I.A. No.507 of 2004. They contested final decree
petition by opposing appointment of commissioner to divide the
schedule property
filed
17
to declare the preliminary decree and also the final decree in
O.S. No. 471 of 1987 as null and void ... final decree
petition in I.A. No.507 of 2004. They contested final decree
petition by opposing appointment of commissioner to divide the
schedule property
filed
17
to declare the preliminary decree and also the final decree in
O.S. No. 471 of 1987 as null and void ... final decree
petition in I.A. No.507 of 2004. They contested final decree
petition by opposing appointment of commissioner to divide the
schedule property
filed
17
to declare the preliminary decree and also the final decree in
O.S. No. 471 of 1987 as null and void ... final decree
petition in I.A. No.507 of 2004. They contested final decree
petition by opposing appointment of commissioner to divide the
schedule property
