DATED: 16/09/2022
No.1 (his father) is bound to implement consent decree
and he himself has become the owner of the property ... stated
that no proceedings were initiated for implementation
of the alleged consent decree. According to defendant
No.1, he is owner of the property
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
this aspect. When the injunction decree is violated, the
plaintiff / decree holder can take recourse of executing the decree under Order XXI
Rule ... suitable cases direct the police to extend protection for
implementation of injunction decree or order. The decision in Polavarapu
Nagamani (supra 2) cited
this case, and as such, the decree
holder is not able to get fruits of the decree and further scope of
revision petition under Section ... execution application, and as
such, the decree holder is entitled to get the judgment & decree
implemented, suffice it to say by this Court that
this Court directs the police to provide
police aid for implementing the decree of permanent injunction
that the respondent - police officials would provide adequate
police ... permanent injunction decree, the said decree is in force. So, the
1st petitioner is entitled for grant of police aid for effective
implementation
Rules makes it clear that Tahasildar, Sadar Cuttack has to
implement the decree only. He cannot question the legality of
the said decree ... legal impediment'. As there was a legal impediment in
implementing the decree of the Civil Court, Tahasildar, Sadar
Cuttack has committed no error
already filed execution petition
for implementation of the judgment & decree and since the
decree is executable, the present Habeas Corpus petition is not
maintainable ... mutual consent, it is for
her to take steps to implement the decree. Therefore, the
present Habeas Corpus petition is not maintainable.
-8-
WPHC
respondents, supra, granting
blanket police protection, pending the execution petition to
implement the decree would be unbecoming.
16. Nevertheless, viewed from other perspective, the decree ... petitioners is for continuous
police protection against the respondents to implement the
decree is per se beyond the framework. It is pertinent to
mention that
decree was functus officio to
alter or direct any parties to implement the decree passed
by the Court. It is always open for the parties ... right as per the decree in accordance with law. If
somebody violates the decree, it is for the respondent to
implement the decree by initiating
petitioner to
provide police aid for implementing the decree and judgment dated
16.11.2000 in O.S.No.60/2000 and also the orders dated ... decree in
favour of a person it is bounden duty of the police to extend protection to
decree holder to enjoy the fruits of decree
