that the property is delivered to the decree holder and no obstruction is caused in executing the decree and further observation that the question ... delivery is also not returned on frivolous grounds, making the decree unexecutable and the Executing Court has been directed to comply with the aforesaid directions
that the property is delivered to the decree holder and no obstruction is caused in executing the decree and further observation that the question ... delivery is also not returned on frivolous grounds, making the decree unexecutable and the Executing Court has been directed to comply with the aforesaid directions
this Court were dismissed.
The decree-holder i.e. the landlord moved an application
for execution of the decree. The petitioner filed objections by taking ... accepted, then no other
conclusion, but the one that the decree was unexecutable, can only
be drawn. The impugned order passed by the learned executing
said petition, a decree of restitution of conjugal
rights was passed on 3rd October 2002 .As the said decree remained
unexecuted, the petitioner-husband filed ... enforceable decree. In this
context this Court held that a decree which is more than two years old, by
its own force, is unexecutable unless
London, the
objection was raised that the decree of the Court at London was
unexecutable in terms of Section ... similar and had the costs were not a part of the decree and
unexecutable, the superior Courts of U.K. would not have issued
however, did not comply with the decreeยป,--c
appellant to take out execution
decree. In the execution .::as_e, anA.objection}w,as filled ... impleaded as a
party to suit, Atvhe'"'decree was unexecutable. Even
the Iiendency of the execution case
also come on record that a decree for
specific performance had been passed in favour of Raman Kumar
and Vijay Kumar and the plaintiff Kunti ... Raman Kumar and Vijay Kumar qua this suit property; yet this
decree remained unexecuted. The registered title of the suit
property continued to vest
correct
and it is not identifiable and hence the decree is
unexecutable. That apart, the petitioner filed an
application to appoint a Commission to establish ... This court is of the view that, no
decree can be left unexecuted on impracticability raised
by the judgment debtor in the execution petiton
warrant is passed in view of the fact that
the decree has still remained unexecuted after almost 9 years.
5. In
light of the facts ... having regard to the fact that since March 2001,
the decree has remained unexecuted and the petitioner has taken out
one proceedings after another
street.
Vide judgment and decree dated 25.09.2009 Annexure P-1,
suit filed by respondent Nos.1 and 2 (decree-holders) was decreed by
the trial ... execution of the decree. Petitioner herein filed
objection petition Annexure P-3 in the executing Court alleging that the
decree is unexecutable as exact dimensions
