applicant is required to
produce certified copy of the decree. Since, no decree
sheet is available, therefore, this execution application is
not maintainable ... obviate any difficulty with the
execution of the decree that the production of the decree sheet is a
sine qua non for the execution
place only after the rectification is formally effected and a formal
decree sheet is placed on record. He would, further submit that further
proceedings ... grievance of the appellant on the requirement of a
formal decree sheet in terms of the order for rectification for maintaining
the execution petition
tenancy rights in
respect of the consent decree.
(d) Reliance is also placed on the decree sheet drawn up by the court
pursuant to order ... confusion or ambiguity in the decree.
26. Coming to the submission of defendant No.1 regarding decree sheet
being vitiated on account of it being
ownership
rights also."
The Court also pertinently noted:
"The decree sheet specifically records that Ram Charan shall be
exclusively entitled to tenancy right ... Mumbai were to be exclusively enjoyed by
Ram Charan. In the decree sheet itself, difference is drawn
between the ownership rights and the tenancy rights
moved for rectification of error in the judgment and decree sheet
dated 27.01.2014, passed by the Ld. Predecessor Sh. Anil Kumar Sisodia,
the then Additional ... Counsel for plaintiff that in the judgment and
preliminary decree sheet dated 03.05.2013 and the decree sheet dated
M. No. 76/14 Joginder Paul
appeal
but was advised that appeal cannot be filed unless Decree
sheet is prepared; that the decree sheet was prepared ... filed on 09.02.2015 i.e. within 20 days
of preparation of decreesheet; that even though the appeal
has been filed within 30 days from
suit property that is 1/51, Nirankari Colony,
Delhi. Decree sheet be prepared accordingly."
6. The record indicates that while the matter was pending ... plaintiff by the
defendants.
2. That although the order and decree sheet clears whatever is to be
given to the plaintiff and as against
petition, in the order that was passed as also in the
decree-sheet it is mentioned; "Petition filed under Section ... passing of the order
for dissolving the marriage are mentioned. A decree-sheet was also
drawn up on 05.01.2009 on the basis that the petition
terms of written
compromise which was made part of Decree-Sheet.
That as per Judgment of court dated 01.10.1994, the
mutation was sanctioned ... plaintiffs.
The impugned judgment and decree of the court below are set
aside.
Accordingly, the appeal is allowed.
Decree sheet be prepared.
(AMIT RAWAL)
JUDGE
others Versus Nikko Ram & others.
2. Operative portion of the decree sheet dated
of
31.07.1997 reads as under:-
"...the suit of the plaintiffs ... numbers i.e. 667 and
668 to be incorporated in the decree sheet, which were
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