JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Whether the terms of a consent decree can be varied by the executing court is the question involved in this appeal which arises out of a judgment and order dated 29.9.2006 passed by a learned Single Judge of the Madhya Pradesh High Court at Jabalpur in Writ Petition No.4141 of 2006.

3. Appellants herein filed a suit in the Court of Additional District Judge, Jabalpur for declaration and permanent injunction in respect of their share in the suit property which they are said to have inherited from their mother.

In the said suit the parties settled their disputes and differences. A compromise petition in terms of Order XXIII Rule 3 of the Code of Civil Procedure, 1908 was filed which was accepted by the Court by an order dated 12.5.1995, some of the terms whereof are as under :

“(i) & (ii) ...

(iii) That the Plaintiffs have claimed a declaration to the suit properties which were given to them by dint of Will executed by the late Smt. Parmeshwari Devi in favour of the Plaintiffs. It is now agreed between the Plaintiffs and Defendants 3 to 5 that in respect to the above the Plaintiffs shall remain entitled to a sum of Rs.10 (Rs. Ten) Lakhs