territorial jurisdiction of the court passing the decree, the
court which passes the decree is required to transfer the decree
for execution to another court ... COMM.) 6/2016 Page 13 of 44
decree to transfer or not to transfer a decree for execution
against immoveable properties outside its territorial
jurisdiction
court which passed the
judgment alone has jurisdiction to execute or transfer the decree;
that since no court intervention is required for an award ... 2009 in Ex.No.242/2008 Page 2 of 13
transfer the decree, would not apply and it would be not appropriate
to send
decretal amount in Installments. The decree having not been honoured, the decree holder took out execution. By transfer certificate dated 24.2.92, the decree accompanied ... with jurisdiction to execute the decree. This Court has jurisdiction to execute the decree, the same having been transferred to it and the JDs actually
Respondent/Applicant in this
court was not Execution of a transferred decree but an application
under Section 9 of the Act. Notice of the application ... issuance of transfer certificate to the
Petitioner have been filed alongwith the application. It is further
urged that the transferred decree was in fact, received
decree sufficient to satisfy such decree and has property
within the local limits of the jurisdiction of such other
court, or
(c) if the decree ... application for transfer of decree by the decree-
holder, should be shown to have jurisdiction to pass such a decree
even originally. It is easy
under the
ex-parte Judgment and decree and thus the petitioners/decree-
holders seeking execution of the decree at New Delhi is only to
prevent ... transfer certificate. The transfer certificate was prepared and
signed on May 08, 1953. The Court held that when an
application for transfer of decree
decree-holder and the judgment-debtor in equal
share, the judgment-debtor with the intent to defeat the rights of the
decree-holder, had transferred ... collusive manner and they had
full knowledge that by the transfer, the decree-holder would be
denied a right over the property and the said
wherein the
decree was passed or after the passing of the decree, any
EFA (OS) 36/2013 Page 6
area has been transferred from ... that:
"39. Transfer of Decree: (1) The Court which passed a
decree may, on the application of the decree-holder, send
it for execution
jurisdiction of the Court
which passed the decree, he had to get the decree transferred to the
appropriate court for execution on moving the executing ... Award itself is a decree, there is no question of
transferring the decree to the Court within which the property/money is
located
possession, may give complete relief to the decree-holder. In order to satisfy the decree against him completely the judgment debtor is bound not only ... declaration at Delhi and at the execution stage, get the decree transfered to Gurgaon or Mumbai for its execution.
18. In the present case
