weapon of
contempt 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
effect of the said decree, even if such decree finally merges, albeit
by affirmance, with the final decree of the appellate court upholding such eviction ... holding the applications of the decree‐
holders, for implementing the eviction decree, to be not maintainable.
42. Accordingly, the impugned order cannot be sustained
misused. Normally, it cannot
be used for execution of the decree or implementation of an
order for which alternative remedy in law is provided ... weapon of
contempt cannot be used for the execution of the decree or
implementation of the order, for which, alternative remedy
beyond the deadline was, therefore,
inoperable. If at all the decree holders wanted to implement
the said order, they were required to file an application ... required to earn a
decree from the competent court and it is a herculean task to
get the decree implemented. This case is also
decree holders instead of putting decree as modified in appeal, have put the
decree passed in the suit into execution.
The decree holders ... however, assured this
Court that if the decree-holders seek to implement the decree passed by the Appeal
Court, his clients will not obstruct implementation
disposing of the representation of the Petitioner
dated 14.02.2019 for implementing the decree and judgment in
O.S.No.280 of 2007, dated 06.05.2008, passed ... dispose of the representation of the Petitioner dated 14.02.2019 for
implementing the decree and judgment in O.S.No.280 of 2007,
dated 06.05.2008, passed
implementation/execution of the decree of partition passed by the court below.
In order to get the aforesaid decree implemented or executed the petitioner
vide order
dated 15th January, 1999, execution, operation and implementation
of the decree dated 18th April, 1998 passed in Regular Civil Appeal ... vide order
dated 15th January, 1999, execution, operation and implementation
of the decree dated 18th April, 1998 passed in Regular Civil Appeal
vide order
dated 15th January, 1999, execution, operation and implementation
of the decree dated 18th April, 1998 passed in Regular Civil Appeal ... vide order
dated 15th January, 1999, execution, operation and implementation
of the decree dated 18th April, 1998 passed in Regular Civil Appeal
vide order
dated 15th January, 1999, execution, operation and implementation
of the decree dated 18th April, 1998 passed in Regular Civil Appeal ... vide order
dated 15th January, 1999, execution, operation and implementation
of the decree dated 18th April, 1998 passed in Regular Civil Appeal
