nature of issues relating to
execution i.e., discharge or satisfaction of the decree and is
aligned with the consequential provisions of Order XXI. Section ... secondly, the dispute relates to the
execution, discharge or satisfaction of the decree. Thus, the
objective of Section 47 is to prevent unwanted litigation
schedule for sale and apply
the proceeds thereon for satisfaction of the decree amount. The Defendant
Mr.D.Shankar Chettiar also filed a civil suit ... sale and apply the proceeds thereon for satisfaction of the decree
amount, the Defendant filed his written statement and additional written
statement. In the first
invoking the powers under Section 319
of Cr.P.C., the decree of satisfaction should be more than a prima facie
case as exercised ... invoking
the power under Section 319 of Cr.P.C., the decree of satisfaction should
be more than a prima facie case as exercised
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
transmit decree, it is incumbent on the decree-holders to first
satisfy this Court regarding the enforceability of the decree.
Therefore, without anywhere claiming ... that the Court sending a decree
for execution shall send a copy of the decree, certificate
setting forth that satisfaction of the decree
interest of one or
some of the decree holders in the decree and thus, a partial
satisfaction or extinguishment of a decree takes place ... been specified and it is a joint decree passed in favour of
the decree holders. Such a decree in my opinion can be executed
execute the
decree and cannot go behind the same unless the decree
passed by it is a nullity. The decree to be called a nullity ... erroneously
passes a decree or there is an error while passing the
decree, the decree cannot be called a nullity. The
decree to be called
Supreme
Court has held that there should be a decree of satisfaction for invoking the
http://www.judis ... Under Section 319 of Cr.P.C, the decree
of satisfaction that is required is much stricter. Further, the power is
discretionary and an extraordinary
purposes of satisfaction of decree.
[7] Pursuant to the aforesaid case set up by respondent No.1 /
decree holder,the appellant contested the same ... decree and the costs of the execution,
the Court may direct that the amount may be paid to the
decree-holder towards satisfaction
nature of issues relating to
execution i.e., discharge or satisfaction of the decree and is
aligned with the consequential provisions of Order XXI. Section ... secondly, the dispute relates to the
execution, discharge or satisfaction of the decree. Thus, the
objective of Section 47 is to prevent unwanted litigation
