respondent
No. 4, no action was taken to implement the decree passed in favour of the
appellant.
In the meanwhile, the Division Bench of High ... dated 10.09.2003 and 15.09.2003 to
the respondent No. 4 for implementing the judgment and decree passed by the
Civil Judge (Sr. Div.) in his favour
R.Jankiammal vs S.K.Kumaraswamy (D) Thr.Lrs. on 30 June, 2021
Equivalent citations
weapon of contempt cannot be used for purposes of executing a
decree or implementing an order for which law provides appropriate
procedure.
3.6 Shri Divan ... initiating contempt proceedings could not be
used for execution of a decree or implementation of an
order. That is, a Court should not invoke contempt
consent decree. As observed
hereinabove, if the consent decree is partially executed and the other parts of the
consent terms are not implemented ... implemented between the parties.
At the same time, both the parties are required to be directed to fully implement
the consent terms/consent decree
make some
suitable and permanent arrangement for the purpose of implementing the
decree. Due to the long standing disputes between these two factions with
regard ... Court thought of making some suitable
arrangements for the purpose of implementing the decree. The following
are the directions given by the High Court
decree and the canal
remains incomplete. On 8th January 2002, it filed an application for review
of the judgment and decree of this Court which ... December 2002, an application was filed by Haryana for
implementation of the judgment and decree dated 15th January 2002. This
application was registered and numbered
annum. The
claim was decreed, and the plaintiff was awarded a decree
for a grant of Rs. 4,000 inclusive of the previous grant ... that the grant of 1909 was valid in
law. The father implemented the decree and made an
additional maintenance grant upto the value
dismissed as against that company and
a decree was passed on February 25, 1964. The decree
provided that the agreement relating to the sale ... Hungerford made
an application praying that Mundhra may be directed to
implement the decree by paying Rs. 86,60,000/, the unpaid
purchase money, within
claimants could, at the most, have
proceeded with the execution of the decree or award. It is
further submitted that in view of the facts ... misused. Normally, it 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 ... were not the owners of the property in question and
10
that decree was obtained by suppressing the material fact and by
fraud. Even presuming
