Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XXIII, Rr. 1, 4 & S.2(2)---Parties had filed a compromise that they had settled the dispute out of court and they were not interested in pursuing with the matter---Trial Court observed that the matter be consigned to record, but parties would be bound by the compromise and ordered to make the decree sheet---Held, final adjudication in the matter had been made as while consigning the file to record, Trial Court had decreed the suit by holding that parties should abide by the terms of compromise which was produced before the Trial Court---Execution application was filed thereafter which was requested to be withdrawn and the executing court, instead of dismissing the application, directed that the application be returned without there being any limitation---Provisions of O.XXIII, R.4, C.P.C., in circumstances, were not applicable to execution of decree--Principles. Kishun Dutt and others v. Gulabchan Prassad and others AIR 1948 Pat. 113; Palaniandi Pillai and another v. Papathi Ammal and others AIR 1914 Mad. 1 and Bihar State Sunni Waqf Board v. Syed Bashiruddin Ashraf and others AIR 1985 Pat. 52 ref. ORDER MEHTA KAILASH NATH KOHLI, J.---This petition is directed against judgment and decree, dated 24th April, 2006, passed by learned Majlis-e-Shoora Mekran at Turbat in Civil Appeal No.66 of 2005, whereby; appeal filed against order, dated 16th June, 2005 passed by learned Qazi Pasni, in execution application has been directed to be dismissed. Facts of the case, in brief, are that predecessor-in-interest of private respondents filed application for execution of decree, dated 2nd October, 2003, passed by learned Qazi Pasni in a civil suit seeking declaration and permanent injunction, which was stated to have been decreed on the basis of some compromise arrived at between the parties. Contents of order, dated 2nd October, 2003 passed by the trial Court are reproduced herein below: Rejoinder/Objection petition was filed by present petitioners, wherein; objections were raised that; (a) application is not maintainable under section 23, C.P.C.; (b) the decree, dated 12th October, 2003, is not an executable decree, as the suit…

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