Additional
District Court, Tirupati has become unexecutable due to the
death of the Decree holder.
ii) issue consequential orders cancelling the
investigation by the respondent ... cannot be made that on the death of a decree
holder the decree has become unexecutable.
4. The second prayer is a consequential
Principal Sub court, Ernakulam. The decree is for realisation of money.
In E.P.No.30 of 2013 the petitioner alleged that there ... parties after the passing of the decree and in view of the
compromise the decree has become unexecutable. The contention of
the respondent/decree holder
item No.1 could be sold first for realisation of the
decree debt. Petitioner has accordingly filed a sketch
(Annexure I). Learned counsel for petitioners ... decree for money obtained in a
suit of the year, 1989, though exeucution petition was filed in
the year, 2004, remains unexecuted for whatever reasons
basis of the schedule of rate of
1990, became irrelevant, inapplicable and unexecutable. The
request for reasonable hike in the rate was also not accepted ... declared to be released to the plaintiff. He is entitled for
a decree for 4,76,000/- with 12% future interest on the principal
amount
Phillamma George vs Sara Christy Alex
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN
