decree granted against the
petitioners could not be treated to be contested decree, and rather it
should be treated as ex parte one, which could ... concerned Bar Association, the decree of eviction could not be treated to
be lawful decree, obtained after a contesting hearing of eviction suit,
initiated against
grossly committed an error by recording that it is a contested decree and
that the respondent has deliberately failed to execute the Sale Deed ... learned Judge has recorded
in the present impugned order that the contested decree has been passed
which was sought to be enforced in the execution
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 I well known, is as
good as a contested decree. Such a decree must be set aside if it has
been passed
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 ... recording a
compromise, it shall be open to the appellant to contest the
decree on the ground that the compromise should not have
been recorded
fact that the Execution Petition is filed to execute a contesting decree,
where, the execution proceedings has been filed within a period of four
months ... first
respondents / tenants had filed revisions before this Court and by a
contested order dated 29.10.2021, this Court was pleased to dismiss the
Civil Revision
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
this revision is that the decree was not an ex-parte decree as the
other defendants had contested the same, and hence the heirs ... other words, the decree on its face is either a consent-decree or it can
even be a collusive decree, since the defendants
year 2006, though the first respondent / decree-
holder had obtained a contested decree on 27.11.2001
and got the sale deed executed, pursuant to the order ... property in favour of the first respondent /
decree-holder. After contest, the Decree was passed and
that the revision petitioner and the second respondent /
judgment
faith in his case, he may contest the case
in presence of defendants/ respondents and obtain a decree again as they will not seek ... adduced, the plaintiff has no threat with
regard to the decree after contest, as such, parties may be directed to obtain decree on
contest
record a compromise, it
shall be open to the appellant to contest the decree on the
gound that the compromise should, or should not, have ... recording a compromise, it shall be open
to the appellant to contest the decree on the ground that the
compromise should not have been recorded
