attempt to transfer the assets so as to
make the decree unexecutable, the court will interfere so as to
entitle the plaintiff to enjoy
judgment debtor there is non-compliance of terms
of the decree and, therefore, the decree is not executable.
4. I have perused the compromise petition ... suspicion regarding the executability
of the decree. Therefore the finding of the executing court
that the decree is unexecutable is devoid of merits
petitioners have
no title over the plaint schedule property. So that the decree is not
executable. The court below held that the suit is decreed ... cannot go beyond the decree and by any stretch of imagination
it cannot held to be a decree which is unexecutable under Section
held that in order to make
the decree executable it must come within the ambit of a
decree and since the Chit Funds ... concerned authority under the said Act a
decree and therefore, it is unexecutable in the State of
Kerala. Unfortunately this decision has not been brought
raised to the effect that a
compromise decree is only a preliminary decree and
therefore it is unexecutable. When the matter came up for
consideration ... directed to pay an
amount of Rs.1 lakh to the decree holder on or before
14.9.2007.
(ii) The revision petitioner is directed
jointly trying the matter. Otherwise there
will be divergent findings and unexecutable decrees.
Therefore, I find that the court below has considered
the matter ... truthfulness of the documents
on which they rely to get a decree for specific
performance. Though the plaintiff in O.S. No. 308/2000