that the decree was inexecutable inasmuch as it was merely a declaratory decree. The objections were overruled and the E.P. was allowed. The appeal ... construe a decree which is ambiguous held:
"The decree passed, at the worst could be said to be an ambiguous decree
whether it is competent to the civil Court to suspend a declaratory decree in exercising of its inherent powers under Section ... operation of a decree for declaration because while defining 'Decree' CPC does not make any difference between a declaratory decree or non-declaratory
following effect:
"7 (iv) In suits:
(c) to obtain a declaratory decree or order where consequential relief is prayed;
(e) for a right ... appeal is against the decree of -
(i) to obtain a declaratory decree whereno consequential relief is prayed.
(a) District Munsif's Court
conditions which would satisfy the court in granting a declaratory decree under Section 42 are that we plaintiff must be entitled to a legal character ... maintainable where the only relief prayed for is for granting a declaratory decree because the consequential relief to which he may be entitled
also recognised principle of law that even after the declaratory decree is obtained by a person unless he takes appropriate steps for recovery of possession ... declaratory decree by itself would not prevent running of time. Adverse possession prior to the suit can be tacked to the adverse possession continuing thereafter
also recognised principle of law that even after the declaratory decree is obtained by a person unless he takes appropriate steps for recovery of possession ... declaratory decree by itself would not prevent running of time. Adverse possession prior to the suit can be tacked to the adverse possession continuing thereafter
ground that the position is such where there is only a declaratory decree.
He urges that where a suit is for the declaration coupled with ... learned Judges I beg to differ. The reason for holding a declaratory decree as not interrupting adverse possession is that to constitute such an interruption
second appeal is formulated as follows:
"Whether the declaratory decree granted is contrary to the provisions of A.P. Survey and Boundaries ... admission of second appeal is as to "whether the declaratory decree granted is contrary to the provisions of Andhra Pradesh Survey and Boundaries
that a discretion is vested in the Court to pass a declaratory decree if any person is entitled to any legal character ... that the Court below is not precluded from passing a declaratory decree in favour of the plaintiff. In order to grant such a decree, proper
used only against maker of admission and, apart from that, declaratory decree
binds inter parties but not legal-heirs of party to the suit. Therefore ... clear from Section 35 of the Act of 1963
that a
declaratory decree is not only binding on the parties to the suit but also
