erroneous
decree cannot be equalled with one which is a nullity.
There are no intervening developments as well as to
render the decree unexecutable ... such provision of law or
the law was promulgated making a decree
unexecutable after its passing. None of the above
eventualities as recognised
decree-holders sought to execute the decree. The petitioner-judgment-debtor resisted the execution of the decree by filing an application under Section ... subject-matter of the decree. The judgment-debtor once again raised objections stating that the decree is unexecutable before the Executing Court. The Executing Court
court was null and void and
unexecutable. Question as to non executability of
a decree or award can be raised in the execution
proceeding under ... entertain a time barred reference and thereby the
awards became nullity and unexecutable, was the
point argued by Sri. S.P.Shankar. He has sought
executable
decree. Hence EP itself is not maintainable on the
basis of impugned judgment and decree as the same
is unexecutable decree. The proposed ... view of the above discussion since the impugned
judgment and decree is unexecutable judgment and
decree. The execution petition is dismissed as
maintainable
other and that the decree-holder shall be entitled to execute the decree as modified but not the original decree."
Learned Author has further ... that this agreement under Ex. D4 superseded the decree and rendered
the decree unexecutable, cannot be accepted at all. On the other hand, it still
share of the plaintiff was not
forthcoming in the compromise decree.
iv. PW2 claimed the plaintiff is residing in the house
and therefore the claim ... Article-136 of Limitation
Act and it is unexecutable decree?
4. Whether sale deed executed by defendant No.1 in
favour of defendant
circumstances, it may not be possible to execute the
4
decree. Right way is to file amendment application to the
plaint. Unless that is allowed ... suit
schedule property is furnished with full boundary
description, it is unexecutable decree. The judgment
referred by the petitioner reported in 1989(1) Short Notes
mentioned and if a decree is passed, it would be an
unexecutable decree. It is in this context, the court
below, in my considered opinion
petitioner was only a licencee pursuant to the compromise decree and that such decree is executable.
17. A Division Bench of this Court ... Constitution. When the decree was sought to be executed, the tenant albeit the compromise raised an objection that the decree became unexecutable since the civil
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
