time was possessed by the decree holders or their
predecessors. The decree holders have obtained the
judgement and decree on 26.06.1976 but even then they ... other than a decree granting mandatory injunction.
The limitation is 12 years from the date the decree
19
becomes enforceable. The decree for prohibitory
injunction
Supplemental MoS which also amounts to violating a consent decree.
He has submitted that there cannot be any expansion of the
Defendant's rights ... express terms of the MoS and
Supplemental MoS is in violation of the consent decree and
actionable. He has submitted that the present
order or decree, etc.
would tantamount to contempt. A compromise decree is
as much a decree as a decree passed on adjudication ... between the wilful
violation of the terms of a consent decree and wilful
violation of a decree which is passed on adjudication.
The decision
gained possession on the
decree-holder's property by violating decree, said judgment debtor needs to be
expelled by the Executive Court by exercising ... contrary to
aforesaid judgment and decree, judgment debtor had disturbed and gained
possession, it amounts to defeating the decree passed by the Court below.
Thus
gained possession on the decree-holder's property by
violating decree, said judgment debtor needs to be expelled
by the Executive Court by exercising ... MPHC-GWL:30287
5 WP-32928-2025
decree holders property by violating the decree, the
judgment-debtors may be expelled by the executing Court
Itwar Singh (supra), the contempt petition was
moved alleging violation of a decree of injunction. After referring to various
decisions, the Chhattisgarh High Court held ... execution proceeding and remedy of the decree holder
of injunction decree is to levy execution for injunction decree
as he has the effective alternative remedy
decree of
1978 is not a mere consent decree but one that creates new rights in
immovable property in favour of strangers. Such a decree ... doctrine
that a consent decree is binding where the consent is free and the decree does
not violate any statutory provision. The case reaffirmed that
decree of
1978 is not a mere consent decree but one that creates new rights in
immovable property in favour of strangers. Such a decree ... doctrine
that a consent decree is binding where the consent is free and the decree does
not violate any statutory provision. The case reaffirmed that
Bhopal.
3. It was alleged that the appellant thereafter violated the terms of
the compromise decree, whereupon the respondent filed a petition
under Section ... averred that the appellant-non-
applicant has violated the terms and conditions of the decree passed
in original case with regard to their daughter
otherwise of any
clause (b) of sub-section direction or decree, by specified violation;
(1) or has obtained whatever name called, holding
registration ... following shall mean
order, direction or "specified violation",--
decree, by whatever
name called, holding (a) where any income
that such non- derived from
