COURT OF CIVIL
JUDGE (SR.DN.) AND JMFC AT BADAMI
AS DECREE IS UNEXECUTABLE WHICH IS
IN NULLITY AS SAME IS AGAINST THE
DEAD PERSON
petition having been
filed based on a preliminary decree, until a final decree is
drawn, the Ex.case is not maintainable. By an order dated ... decided except putting the decree holders in
possession. The contention of judgment debtors that the
5
decree is preliminary in nature was not accepted
issue Nos.1 and 2 were answered in
the affirmative and a decree of permanent injunction was
passed, restraining the defendant from working ... fact that the period for which the decree was passed
expired on 11.12.2015.
9. The decree passed by the Trial Court having
spent itself
under Order 43 Rule 1(u) of CPC
against the Judgment and Decree dated 2.11.2007 passed
----in RA.No.83/2007 on the file ... Mangaiore, ailowing the appeai and setting
aside the judgment and decree dated 21.04.2007 passed
in O.S.No.664/2003 on the fiie
2009, a decree for possession was passed on
02.01.2015 by the Civil Judge, Sedam. Assailing the said
decree, defendant filed R.A. No.8/2015 ... Civil Judge, Sedam. An interim order of stay of
execution of the decree, impugned in the appeal was
passed on 09.06.2016. An application filed seeking
were held entitled to compensation, in equal proportion
with that of the decree holders in MVC No.199/2010.
Assailing the said order passed ... 3859/2011, award dated 13.01.2011
passed in MVC 261/2011 is unexecutable and hence, it
is unnecessary to decide the legality or otherwise
