satisfaction in the execution proceedings is the prime question to be
determined. In otherwords, after closing the execution proceedings
recording full satisfaction of the decree ... 2015 13
after recording full satisfaction of decree, the case cannot be reopened by
a petition under Order XXI Rule 97 of the Code
performance of the decree but an equitable measure ensuring part satisfaction of
the decree without prejudice to the parties and subject to the result ... given case may be entitled to enjoy part satisfaction of the decree without
prejudice and subject to the result of the appeal as a condition
Bank Of New York Mellon London Branch vs Jct Ltd on 27 January, 2015
Author
impression that such
questions must relate to execution, discharge or satisfaction of the
decree. In Jai Narain Ram Lundia Vs. Kedar Nath Khetan ... matter distinctly relating to the execution,
discharge and satisfaction of the decree and so, under S. 47 ,
Civil P. C., it can only be determined
Court
does not amount to be a payment in satisfaction of the decree/award
under Order 22 Rule 1 of the Code of Civil Procedure ... decree on terms
that the decree- holder can draw it out on furnishing
security, does not pass title to the money to the decree-
holder
thereby denying the rights of defendant to
enjoy the fruits of decree passed in his favour.
Defendant further contended that the suit is not
maintainable ... representatives including
questions pertaining to the alleged discharge or
satisfaction of the decree is to be decided by the
executing court.
2) Secondly, suit
extinguishing the decree, as held above, the decree has to be executed. The compromise indicates that there has been part satisfaction of a part ... decree in whole or in part on account of decree being satisfied to that extent will amount to an adjustment of the decree within
their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree ... passed or their representatives relating to the execution, discharge or satisfaction of decree have got to determined by the Court executing the decree
Section 47 is
that, matter relating to execution, discharge or satisfaction of
the decree and arising between the parties or their
representatives should be determined ... their
representatives, and relating to the execution,
discharge or satisfaction of the decree shall be
determined by the Court executing the decree
Shri I.M.L.Verma, Advocate, on behalf of the
decree-holder, in complete satisfaction of his claim in the decree under
execution. The auction ... appeal against the decree under execution. He had already paid decretal
amount to the decree-holder in complete satisfaction of the decree and was
also
