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december 2008

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.

Deepa Bhargava & Anr vs Mahesh Bhargava & Ors · Niyam