Court cannot find out the shares of the decree-holders and dispute between joint decree holders is foreign to the provisions of Section ... Thus, it is clear that the dispute between the co-plaintiff or co-decree holders is not covered by Section 47 and decree will have
holder, Co-operative Bank. The Co-
operative Bank was directed to pass appropriate orders
within one month. Under Ext.P6 and P7 orders, Co ... basis of Exts.P9 and
P9(a) representations also. Decree holder Co-operative
Bank may consider Exts.P9 and P9(a) representations
time to pay the
amount and to avoid dispossession. The decree holder is a
co-operative society. It obtained a decree against the
writ petitioner ... property is to get a re-
conveyance if the decree holder so agrees. Being a co-
operative society, it may not be interested
co-holders in the manner hereinafter provided.
(2). If in any holding there are more than one co-holder, any such co-holder may apply ... Civil Court or an application of co-holders in the manner hereinafter provided. A co-holder also can apply to the Collector for partition
make the award enforceable as a decree or judgment. It will not make the same equivalent to a decree of a superior court ... position is no different in Badat & Co. case (supra).
30. Learned Counsel for the decree holder did succinctly
joint decree holder can seek for
execution of a decree in the whole and not in part of the
property. A joint decree ... court cannot find out
the shares of the decree - holders and dispute between
joint decree-holders is foreign to the provisions
appellant and the respondent, but, also between the respondent and the co-respondents. The Supreme Court in the said matter observed that the appeal filed ... appealing decree-holder/respondent and in a given case, such decree-holder - respondent would be entitled to the relief against the co-respondent, then
other co-owners, possess and enjoy any property exclusively. Such a co-owner can also protect his possession against the other co-owners ... right of the decree-holders to execute the decree unless the property was partitioned between the co-owners.
Further admittedly Ram Singh has given
receiver who is the decree holder deposed before the court
that the revision petitioner was a Secretary of a Co-
operative Bank ... adduce both documentary and oral evidence. Needless to
say that decree holder also will be at liberty to produce
further documents and evidence in support
decree passed by the learned Trial Judge cannot be held to have been merged with the decree passed in the appeal as the decree passed ... revisional applications being CO. No. 3862 of 2007 and CO. No. 3863 of 2007 both filed by the decree-holder, are disposed of accordingly.
Urgent
