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The Court held that the respondent is estopped from denying the payments made and the adjustment of the consent decree, as the parties' conduct and correspondence evidenced compromise and partial satisfaction. The applicants are obliged to pay the remaining balance to fully satisfy the decree.
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The High Court dismissed an application to certify an alleged out-of-court settlement of a commercial decree, finding the claimed settlement inconsistent with the applicant’s later appeal.
Alleged payments by judgment debtors cannot be recognized in execution proceedings unless certified or recorded in compliance with Order XXI rule 2 of the Civil Procedure Code; judgment debtors are given 14 days to file the requisite application to substantiate their claim of payment, failing which execution orders will be granted.
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