R.Jankiammal vs S.K.Kumaraswamy (D) Thr.Lrs. on 30 June, 2021
Equivalent citations
plaintiff for direction to
defendants No. 1 to 5 to implement the decree dated 20.03.2006.
CS (OS) No. 353/2006 ... which has led to the
frustration and non-implementation of the decree dated 20.03.2006. The
conversion charges of converting the property from lease hold
unenforceable, and no Court will
extend its assistance for its implementation. No decree for ejectment of
the tenant can, therefore, be passed in favour ... implementation. (See Manna Lal Khetan V.
Kedar Nath Khetan , (1977) 2 SCC 424: AIR 1977 SC
536: 1977 Tax LR 1638). No decree for ejectment
said Revision Application, the trial Court
implemented the directions of the appellate
Court and passed the decree in terms of the
compromise petition said
HCHP
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parties, 'effect' the compromise and pass a decree in
accordance with the terms of settlement accepted by the
parties. Further ... pass a
decree and feel that the settlement can be implemented
even without decree. In such eventuality, nothing prevents
them in informing the Court that
suit
property except for the purpose of implementation of the preliminary and
final decree in the present case.
(ii) Counsel for the plaintiffs at this ... course subject to orders of the Court for implementation of the
preliminary and final decree in the suit. Parties are left to bear their
said Revision Application, the trial Court
implemented the directions of the appellate
Court and passed the decree in terms of the
compromise petition said
execution of the consent decree, submits Ms. Luthra, had to
be in its letter and spirit. A consent decree, in fact, effectively
constituted a contract ... felt to be substantial justice by
ensuring effective implementation and enforcement of the consent
decree dated 18th April 2019, has fallen into error. These
defs. 6 and 7 from selling/ disposing of shares of GPI.
h. Decree, order and direction of court setting aside decisions of CMD-IFCI ... scheme .
j. Decree ordering and directing Def.5 to be split as per BSM scheme.
k. Decree ordering and directing implementation of MOU.
k1. Declaration
convinced that the learned trial Court is justified
in granting the decree in favour of the plaintiff and no error can
be said to have ... such condition of deposit
the money decree was stayed from its operation, implementation and
execution.
He
further informed that the respondent decree holder was permitted