decree of divorce.
19
19. Aggrieved by the decree of divorce, the Appellant
filed an appeal and obtained a stay of the decree.
During ... spouse.
After entering into a settlement, he did not intend to
contest the decree of divorce. His intention was made
clear by filing
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
first respondent was dismissed after contest.
8
8. The learned counsel for the petitioner would therefore
submit that the decree ... decree in O.S.No.4752 of 2003 is
a contested decree and thereby, the Application filed under
Section 69 of Transfer of Property
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 ... provides that it shall be
open to the appellant to contest the decree on the ground that
the compromise should or should not have been
question held that when a document is void ab initio,
a decree for setting aside the same would not be
necessary as the same ... Thus, the
compromise/consent decree, which is as good as a
contested decree even if void was required to be set
aside. If the compromise
Sumer Corporation, Mumbai vs Dcit Cen Cir 5(3), Mumbai on 26 December, 2018
IN
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
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
money decree or atleast filed a third party appeal
against that so called ex parte money decree by the said
agreement holder-cum-decree holder ... specific performance, the decree
holder of money decree also did not make any third party
appeal against the decree for specific performance
sale. Said claim petition in E.A.No.89 of
2009 contested by decree holder/auction purchaser and the
J.Drs. remained exparte ... hardship to the decree
holder/auction purchaser and it is a contested decree and based
on that in execution, property was attached and after obtaining
