Appellate Court though the appeal is dismissed,
the Executing Court cannot implement HRC decree
passed since the Appellate Court has held that the
agreement executed ... execution petition filed by the
decree holder only to implement the decree passed in
the proceedings and orders passed by the HRC Court,
the judgment
passing a decree, the decree would be without jurisdiction, non est and
void ab initio and validity of such a decree can be challenged even ... upon the legality or correctness of the decree unless
the decree is a nullity; if the decree is challenged as contrary to law,
such objection
short 'the ROR
Act '), ordering to implement the compromise decree in C.R.P.No.1717
of 1996 passed by this Court ... order, the Joint Collector
directed the Mandal Revenue Officer to implement the compromise
decree, which is the subject matter
1984 filed FDP No.3/2000 to
implement the decree. The same came to be allowed on
4
13.10.2009. Aggrieved by the order passed ... original decree. Original decree still stands and binding
on both the parties. It is also not in dispute that the Final
Decree Proceedings drawn
Trial Court, got the decree and in terms thereof, they
8
have filed Final Decree Proceedings to implement the same. It is
also ... said decree has reached finality. Therefore, the decree-
holders filed F D P No.18/2007 to implement the said decree.
7. The grievance
such reasonable period that
there was no impediment to the implementation of the decree or award, which is
deemed to be a decree, the executing ... Court or a natural disaster, for example - the
generosity of not implementing the decree could not have been extended beyond
the first and second time
impugned order passed by the Executing Court
providing police protection to implement the decree is
erroneous and contrary to the material on record. He
further ... police against
the judgment debtors. Accordingly, granted police
protection to implement the decree.
10. The material on record clearly depicts that the
decree passed
further proceedings are not stayed and if ultimately
the executing court implements the decree dated
24.10.2009, the suit filed by him against the
respondents ... respondent was forced to file execution No.58/2011 to
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implement the decree. In the execution petition, the
present petitioner also filed an application
appeal, the petitioner/
decree holder filed FDP No.7/2015 to implement the
decree. Therefore, the respondent/defendant who is the
appellant ... decree, the defendants filed an
appeal before the lower appellate Court. In the
meanwhile, the plaintiff/decree holder filed FDP No.7/
2015 to implement
possession.
3. The successful plaintiffs filed FDP
No.7/2012 to implement the decree made in
: 16 :
O.S.No.19/2004 ... 1999 to implement
the decree in O.S.No.163/1997.
4. In all these appeals the parties have filed
a common compromise petition under
