The maintainability of an execution petition based on a compromise decree hinges on evidence regarding violation of compromise terms.

JUDGMENT

The petitioners have challenged Ext.P4 order whereby the review petition filed by the petitioner against Ext.P3 order finding that the execution petition is maintainable has been dismissed. The petitioners are the defendants in the suit, which was decreed based on compromise. The contention in the E.P is that the petitioners had violated terms of the compromise, which were in the nature of a prohibitory injunction. The petitioners on the other hand submitted that about fifteen years after the decree the execution petition has been filed and it is not maintainable. The court found that since it is in the nature of a prohibitory injunction, the execution petition is maintainable. The review petition filed has also been dismissed, finding that the question as to whether there has been a violation of the terms of the compromise is a matter for evidence and cannot be decided at this stage. I do not find any legal infirmity in the order of the court below. This original petition fails and is dismissed.

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