decree or, if a decree has been passed jointly
in favour of two or more persons, the interest of any
decree-holder in the decree ... transferee to apply for
execution of the decree as a transferee of the decree by an
assignment in writing within the meaning of Order
assignment or transfer of decree in favour of the decree holder No. 4 by the other decree holders, the decree holder No. 4 alone ... assignment of decree in immovable property from other decree holders and admittedly, such transfer of decree by way of assignment, transferring the right in respect
decree along with
one Ashokkumar Manikrao Raut and Charansing Sompal Mathuria, the
assignees of the decree. It was claimed that the decree be executed ... assignment at Exhibit 178. Both
these deeds of assignments at Exhibits 114 and 178 were unregistered
and were in respect of a decree for specific
decree along with
one Ashokkumar Manikrao Raut and Charansing Sompal Mathuria, the
assignees of the decree. It was claimed that the decree be executed ... assignment at Exhibit 178. Both
these deeds of assignments at Exhibits 114 and 178 were unregistered
and were in respect of a decree for specific
decree.— Where a decree or, if a decree has been passed
jointly in favour of two or more persons, the interest of any
decree-holder ... aspect of the need for registration of an assignment deed
assigning a decree for specific performance of an agreement
for sale, does not lay down
decree along with
one Ashokkumar Manikrao Raut and Charansing Sompal Mathuria, the
assignees of the decree. It was claimed that the decree be executed ... assignment at Exhibit 178. Both
these deeds of assignments at Exhibits 114 and 178 were unregistered
and were in respect of a decree for specific
contention that only
decree holder can execute a decree and though Section 44A give
benefit in execution of decree passed by Courts in reciprocating
territory ... with the argument of Mr.
Khandeparkar that the Assignment Agreement never
contemplated assignment of the decree in favour of the applicant,
ARF.
The Assignment Agreement
decree.--Where a decree
or, if a decree has been passed jointly in favour of two or more persons,
the interest of any decree-holder ... were made by such decree-holder:
Provided that, where the decree, or such interest as aforesaid, has been
transferred by assignment, notice of such application
absence of a formal assignment in the sense of a
document which in form purports to assign the decree by the
Court acting on behalf ... personal decree
against one defendant did not require registration, though in
the same decree there was also a mortgage decree against
another defendant. Following this
that the
assignment was a fraudulent preference amounting to an act
of insolvency, did not itself annul the assignment and the
assignment stood till ... said assignment was nominal. The learned
Subordinate Judge disallowed the objection of the creditor,
recognised the assignment, and permitted the assignee-
decree-holder to proceed
