decree was not being used for
the last thirty three years from the date of the
decree and the decree thereby became unexecutable
and therefore ... decree and is not a subject matter for assignment
and the assignee decree holder is not entitled to
execute the decree.
(iii) The decree holder
decree was not being used for
the last thirty three years from the date of the
decree and the decree thereby became unexecutable
and therefore ... decree and is not a subject matter for assignment
and the assignee decree holder is not entitled to
execute the decree.
(iii) The decree holder
over the
rights created in favour of the Bank by an unexecuted decree.
The decree obtained by the Bank will not have any precedence
over ... salestax dues even if
there is prior mortgage and an unexecuted decree.
13. The argument of Mr.V.G. Arun and the learned senior
counsel
view till the decree is executed through
executing court title of the mortgaged property remains with
the mortgagor. Decree passed by the civil court ... over the rights created in favour of the Bank by
an unexecuted decree. We therefore hold that the decree
obtained by the Bank will
view till the decree is executed through
executing court title of the mortgaged property remains with
the mortgagor. Decree passed by the civil court ... over the rights created in favour of the Bank by
an unexecuted decree. We therefore hold that the decree
obtained by the Bank will
view till the decree is executed through executing court title of the mortgaged property remains with the mortgagor. Decree passed by the civil court ... over the rights created in favour of the Bank by an unexecuted decree. We therefore hold that the decree obtained by the Bank will
attempt to transfer the assets so as to
make the decree unexecutable, the court will interfere so as to
entitle the plaintiff to enjoy
defendant, without which no decree against
trespass can be granted.
3. I am afraid, the decree granted against
trespass without ascertaining the boundary ... property is specified in the decree.
It is really an unexecutable decree as no survey
commission or commission was issued to ascertain
the boundary
ground that during the said period the decree had been rendered unexecutable as a result of the judgment in O. S. 219 of 1952 evidenced ... judgment, the decree-holder ceased to have any right to execute the decree and the decree was consequently rendered unexecutable at his instance. The entire
decree
holder. A decree for realisation of the amount was passed on 29.8.91, in
favour of respondent decree holder, Vysya Bank. But the decree ... after 12 years from
the date of the decree it is barred and the decree is unexecutable. As per
order dated 23.11.05, executing court over
