THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY SECOND APPEAL No. 1165 of 2011 JUDGMENT: The appellants herein filed O.S.No.123 of 2001 in the Court of the Principal Junior Civil Judge, Kandukur for the relief of recovery of possession of the suit schedule property together with mesne profits. They pleaded that in O.S.No.24 of 1980 filed in the Court of the Senior Civil Judge, Kandukur for partition of the suit schedule properties, a compromise was entered into and in terms thereof, the suit schedule property in the present suit was required to be delivered to the appellants. According to them, the respondents have not complied with the compromise decree and that they are under obligation to deliver possession of the property. The suit was opposed by the respondents. They raised an objection as to the very maintainability of the suit. The trial Court dismissed the suit through judgment, dated 01.02.2005. Thereupon, the appellants filed A.S.No.7 of 2005 in the Court of the Senior Civil Judge, Kandukur. The appeal was dismissed on 30.05.2009. Hence, this second appeal. Heard the learned counsel for the appellants. The relief of recovery of possession of the suit schedule property was claimed by the appellants on the strength of the compromise decree that was passed in O.S.No.24 of 1980 by the Court of the Senior Civil Judge, Kandukur. In case there was any default on the part of the respondents to comply with the compromise decree passed in that suit, the only course open to the appellants was to approach the Court, which passed the consent decree in O.S.No.24 of 1980. Depending on the nature of the compromise decree, they could have claimed the relief of final decree or the execution thereof, as the case may be. Independent suit cannot at all be maintained for enforcing the terms of the compromise decree in another suit. Hence, the second appeal is dismissed. It shall be open to the appellants to participate in final decree proceedings and to put forward their contentions. The Court in which the final decree proceedings are pending shall endeavour to dispose of the same at the earliest. There shall be no order as to costs. ________________________ L.NARASIMHA REDDY,J Dt:10.10.2011 kdl