executing the decree simultaneously in the District Munsif Court, Nellore, and in the District Munsif Court, Kavali. Simultaneous execution was "permitted ... just one execution petition. The decree-holder thereafter filed not one execution petition in the Nellore Court, but three execution petitions
execution of a
decree in different courts by filing many execution petitions more than one to
execute the same decree simultaneously.
14. Since the matter ... execution. But, there is no specific prohibition
under Sec.39 to the Court which passed the decree to carry on execution
proceedings simultaneously, after
cause country. In such
circumstances, it is submitted that simultaneous execution in India is
impermissible under law.
Signature Not Verified Signature Not Verified
Signed ... execution in the cause country, and not the date of the decree, when
execution is first attempted abroad. Therefore, unless the execution
proceedings
execution in the cause country, the
limitation for subsequent execution proceeding in the forum
country would commence from the conclusion of such foreign
execution proceeding ... decree
for execution to another court and the execution by transferee
court.
5. The law does not prevent simultaneous execution of decree
in more courts
making proposed amendments in EP for
simultaneous execution of decree by adding the prayer that the
defendant/Judgment Debtor (in short ... simultaneously against the
person and property of the J.Dr. In case of money decrees there is no such
impediment to refuse simultaneous execution. There
execution at Delhi. The principal objection raised is that simultaneous execution of decree at Chandigarh and Delhi is an abuse of the process of Court ... decree for execution to another court and the execution by transferee court.
(5) The law does not prevent simultaneous execution of decree in more courts
decree to the District Munsifs of Kovvur and Rajahmundry for simultaneous execution against respondents 2 and 3. The applications were ordered on 20th January ... decree or execution which might have been made by such Court if execution had been issued thereby or if application for execution had been made
that case, an objection has been raised that the simultaneous execution of the decree at Chandigarh and Delhi would be an abuse of the process ... Code had been brought to its notice which would expressly prohibit simultaneous execution of a decree before two Courts. With reference to Section
that case,
an objection has been raised that the simultaneous execution of the
decree at Chandigarh and Delhi would be an abuse of the process ... Code
had been brought to its notice which would expressly prohibit
simultaneous execution of a decree before two courts. With
reference to Section
parties on execution in India
On 11.06.2008, the respondent filed an execution in the
Court of learned District Judge, Sangrur for execution of the
decrees ... Section 44-A of the CPC.
(iii) Whether two simultaneous execution applications are
maintainable?
Elaborating the first point, Shri Arun Jain, learned
Senior counsel appearing