execution.
39. Transfer of decree.—(1) The Court which passed a
decree may, on the application of the decree-holder,
send it for execution ... either the Court which passed the
decree can execute it or the Court to which the decree is
transferred can execute the decree. Section
local
limits of the jurisdiction of that court it may transfer the decree
for execution to another court. The provision clearly indicates
that a decree ... decree is required to be executed, as
per the provisions of the Section 39(1)(c) of the CPC, the said decree may
be transferred
heavily relied upon Section 60 of the Transfer of
Property Act, 1882, Section 60 of the Transfer of the
Property Act provides as under:-
Page ... area shall be transferred or
partitioned so to create a fragment.
8AA. Restriction on partition of land. -
(1) Where, by transfer, decree, succession or
otherwise
court of
competent jurisdiction in the State of Tamilnadu, obtain transfer of
decree and then proceed to file in the concerned Court at Morena ... State of
Tamilnadu, where award was passed and then seek transfer of decree
to State of Madhya Pradesh.
17.3. The Hon'ble Supreme Court
appellate court erred in law by
misinterpreting the compromise decree and erroneously observed that
transfer of immovable property by a decree of any competent civil ... appellate court erred in law by misinterpreting the compromise decree
and erroneously observed that transfer of immovable property by a
decree of any competent civil
entirety thus:
―39. Transfer of decree - (1) The Court which passed a
decree may, on the application of the decree-holder, send it
for execution ... passed the decree is entitled to execute the
decree. This is clear. from Section 38 of the Code which
provides that a decree
respondent
(decree holder) to prefer an application in the court
which passed the decree against the applicant for transfer
of the decree to the court ... earliest under
Section 39 of the Code for transfer of the decree. If any
such application is preferred, the court concerned shall
pass appropriate order
registered
instrument of transfer as required by the Transfer of Property Act and
the Registration Act . If A desires to transfer immovable property ... Raghunandan2.
19. Transfer of immovable property is governed by the Transfer of
Property Act, 1882 (―the TP Act ‖). Transfer of ownership of
immovable property
declaration at Delhi
and at the execution stage, get the decree transferred to
Gurgaon or Mumbai for its execution.
18. In the present case ... plaint for declaration of the right and title, but also to
transfer the right, title and interest in the suit premises
Civil Suit No.208112
declaration at Delhi
and at the execution stage, get the decree transferred to
Gurgaon or Mumbai for its execution.
18. In the present case ... plaint for declaration of the right and title, but also to
transfer the right, title and interest in the suit premises
situate at Gurgaon
