third party objector, regardless of their relevance to the implementation
of the decree, are required to be decided by the Executing Court while
considering ... Executing
Court is not expected to travel beyond its competence while implementing
the decree or deciding the objection petition and it also has no authority
execution petition, decree-holders filed
application under Section 151 CPC for implementing the decree by grant of
police help. The said application has been dismissed ... provide police help in accordance
with law to the petitioners for implementing decree (Annexure P-1).
Parties are directed to appear before the Executing Court
agreement to sell. The
Executing Court could get the decree implement only with
regard to agricultural land and not qua the building, machinery
and stocks ... agreement to sell. The Executing Court
could get the decree implemented only with regard to
agricultural land and not qua the building, machinery and
stocks
suit of the plaintiff is
decreed."
In order to implement the decree, the respondents filed an
execution before the Executing Court and after hearing ... decree would be able to raise the contention that the sale
deed subsequent to the decree may not be binding so as to defeat
implementation
liable to be dispossessed in execution of the judgment and
decree passed in suit no. 338 of 1970.
11. Now, petitioner wanted to withdraw ... vehemently,
contended that in execution of the warrants of possession for
implementing decree earlier passed against Giani Ram, the
petitioner was dispossessed of the land
execution of the decree. It is after the finality of the decree, on dismissal of
RSA on 25.05.2022, the respondent-decree-holder, after waiting ... find out the true
effect of that decree, and for construing the decree and its implementation, in
appropriate cases, can go and look into
etitioners.
3. The petitioners thereafter approach
approached the Executing Court for
implementation of Decree in their favour
favour; and the same was partly
allowed vide ... decree which is
presently the subject of implementation
implementation.. The only relief that
the decree holders are entitled to is the grant of decree
decree. The execution of the decree
should not be made futile on mere technicalities which
does not, however, mean that where a decree is
incapable ... decree. With these
observations it is concluded that the Executing Court is
bound to help the decree holder to get his decree
implemented and satisfied
partitioned on the premise that the plea raised that impugned decree
cannot be implemented presently by the respondents-decree
holders.
Reliance placed by the learned ... decree was for specified khasra Nos. 105/1
and 105/2 and it (decree) also ordained the delivery of possession to
the decree holders
parties. Judgment Debtors are directed to implement and comply with the directions and decree of the court completely and pay the arrears ... directions and decree of the court is ordered to be implemented. Decree Holder is also entitled to claim the arrears of pay and allowances amounting
