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
plaintiffs
filed Execution Petition No.2089 of 2012 to
implement the decree. Accordingly, the trial Court
41
executed the sale deed in favour ... plaintiffs on
15-12-2012 and implemented the decree. The
execution of decree and order has reached finality.
33. This Regular First Appeal came
holder
faces obstruction or resistance, or is an order which is implementing the decree.
The mandatory nature of the injunction which was granted ... various steps that can be taken by the Executing Court for
implementing a decree are stipulated. The same includegranting of set off, sale
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
direct the 3rd respondent
police to take necessary steps to implement judgment and decree
in the said suit, in the interest of justice, and pass ... police protection. Failure to give necessary protection to
the petitioner in implementing the decree in O.S.No.80 of 2011 on the
file
issuing direction to Vinobha Nagar Police, Shivamogga with
regard to implementation of the decree of the Court. In the said
application, the decree holder ... Nagar Police,
Shivamogga to give protection to the decree holder for
implementing the decree passed in OS No.352 of 2007.
3. Heard the learned
consider
the petitioner's representation dated 30.09.2020 for implementing the Scheme
Decree passed in O.A.No.74 of 1978, dated 12.02.1978 and right ... decree
has been passed by the second respondent on 12.02.1978, in O.A.No.74 of
1978, the said Scheme decree has not been implemented
respondent
No. 3 in not providing police aid for implementing the decree for
permanent injunction, dated 30-09-2016 passed ... appropriate application under Order
XXI C.P.C for enforcement/implementation of the decree dated
30-09-2016 passed
petition, the petitioner is seeking direction for the
revenue authorities to implement the decree passed in favour of the
petitioner.
However, this petition ... appropriate Court to
initiate the execution proceeding to get the decree implemented
passed by the civil Court.
Accordingly, the petition is disposed of with
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
