satisfied
with the application of Civil Courts lingering procedure of implementation of
a decree in respect of execution of an order passed in a summary ... Pramanick) having held that contempt proceeding cannot be
used for executing decree or implementation of order, also has no application
in this case.
With
regard
misused. Normally, it
cannot be used for execution of the decree or
implementation of an order for which alternative
remedy in law is provided ... maintainable.
vi. Contempt jurisdiction cannot be used for execution
of the decree or implementation of an order for which
alternative remedy in law is provided
misused. Normally, it cannot
be used for execution of the decree or implementation of an
order for which alternative remedy in law is provided ... abundance or
misused and cannot be used for execution of the decree or
implementation of an order for which alternative remedy in law
is provided
accordingly decided ex parte on 30.07.2003 (Annexure-
V). Upon failure to implement the decree, the applicant
instituted an execution petition before the Learned
Executing Court ... vide order dated 21.09.2007 and the respondents
were consequently directed to implement the decree dated
30.07.2003 (Annexure-V). Further, by a subsequent order
dated
authority whatsoever to fix up a new deadline for implementation of the decree by the Respondents.
Before we deliberate on this issue, let us first ... within the given time frame they worked in right earnest to implement the decree. In view of this, we are constrained to direct
misused. Normally, it
cannot be used for execution of the decree or
implementation of an order for which alternative
remedy in law is provided ... claimants were not the owners of the
property in question and that decree was obtained by
suppressing the material fact and by fraud. Even
presuming
informed
that the decree submitted by him before the respondent, and information
related to the said decree, was not available with the respondent. The appellant ... that the entry of such decree in
the records and implementation of the decree falls within the ambit of
responsibility of the Tehsildar
weapon of contempt will not be used for execution of the decree
or implementation of an order for which alternative remedy in law is
provided
misused.
Normally, it cannot be used for execution of the decree or
implementation of an order for which alternative remedy in
law is provided ... Court's dignity and majesty
of law..............
8. Further, the decree-holder, who does not
take steps to execute the decree in accordance with
neither go beyond the decree nor it has jurisdiction to modify the decree, it has to execute the decree as it is. Relevant portion states ... court cannot go beyond the decree. It has no jurisdiction to modify a decree. It must execute the decree as it is".
Against such
