Supreme Court of India · 2008-12-16
Deepa Bhargava & Anr vs Mahesh Bhargava & Ors
- Court
- Supreme Court of India
- Petitioner
- Deepa Bhargava & Anr
- Respondent
- Mahesh Bhargava & Ors
- Author
- S.B. Sinha
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court held that the executing court cannot vary the terms of a consent decree as established under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The court emphasized that the terms agreed upon by the parties in a compromise petition must be strictly adhered to, and any deviation would undermine the sanctity of the decree. The appeal was allowed, reinforcing the binding nature of consent decrees and the limitations on the executing court's authority to alter them.