Execution petition

Querist : Anonymous (Querist) 23 June 2023 This query is : Resolved
Execution petition
Filed a suit for specific performance for 20 acres and ended up into compromise decree for 10 acres.
now i am going to file execution petition in the civil court. when i was measuring the the land is is only 9 acres and 1 acre got acquired by the government for road and gave the land to land to judgement detour as their was government land adjacent to the other 10 acres now he his having 11 acres land in his possession.

Actually the land was acquired by the government before the compromise decree and he also got compensated the same to the judgement detour.
but the revenue record still show the 10 acres instead of 9 acres (the syno has not been subdivided)

Now how should i file the sale deed for execution in the E.P.

Q1 do i need to file two sale deed one for 9 acres which is their in the possession and 1 acre he his in possession which he got through land acquisition ?

Q2 how should i recover the 1 acres as per the court compromise decree??

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Quick Summary

This discussion concerns filing an execution petition after a compromise decree for 10 acres of land, where the actual measurement is only 9 acres due to government acquisition. The user seeks guidance on how to execute the sale deed for the 9 acres in possession and recover the 1 acre, especially since the revenue records haven't been updated. The advice given is to file an execution petition based on the court's judgment, noting that compromise decrees are generally non-executable and non-appealable.

T. Kalaiselvan, Advocate (Expert) 25 June 2023
If court has passed a decree and judgment based on the compromise settlement between the parties to the suit, then you may file an execution petition on the basis of the judgment passed by court

Dr. J C Vashista (Expert) 26 June 2023
Generally a compromise decree is non-executable and non-appealable.

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