decree-holder filed an application for execution of the decree. The judgment-debtor raised the objection that the decree has become unexecutable on account ... urged that the decree-holder having lost his status as a tenant, the decree has been rendered unexecutable. The executing court sustained the objection
erroneous decree cannot be equalled with one which is a
nullity. There are no intervening developments as well 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
within the time set out in the decree, the contract
stands rescinded and the decree rendered unexecutable.
By way of the impugned order, the Additional ... clause in the decree and, therefore, committed
an error in holding that the contract stood rescinded and the decree
rendered unexecutable for failing to deposit
application for rescission of the contract or
decree had not been moved, the decree had become unexecutable. In
support of his contention, he has taken ... condoned. Once the Statute itself provides the
procedure for rendering the decree unexecutable, in my view, the provisions
of Section 148 of CPC would
thus, noteworthy that it is the JD himself who had dragged
the decree dated 30.7.1966 (whereby the Award was made Rule of the Court ... failed to show any prima-facie
ground to held the impugned decree unexecutable or time
barred."
28. In short, the dispute between the parties
description of the land to be handed over to
respondents, the decree is unexecutable, thus, trial court has erred in
rejecting the objections preferred ... court below observing that
objector had been unable to show that decree was unexecutable.
I am not convinced with the arguments of the counsel that
respondent was not son of Amar Nath and thus, the decree was
unexecutable. It is highlighted that the Executing Court vide order dated
15.01.2015, allowed ... onus to prove fraud as well as the fact that the decree was unexecutable. It
was further stated that even alleged signatures of Jaswanti Sharma
beyond the decree as it is the bounden duty of the Executing Court to
execute the decree. In the present case, decree for possession ... during the pendency of the execution
proceedings would not make the decree unexecutable. It is not the case of
the petitioner that the entire ownership
considered the fact that
the decree was passed by the competent Court of jurisdiction and the said
decree remained unexecuted after 08.09.2008. The execution petition ... Sale could not be
affected and sale warrant remained unexecuted. Decree holder moved
application under Order 21 Rule 72 for seeking permission to give
specific performance qua
defendant no.1 would amount to pass an unexecutable decree. It cannot be
anticipated which portion of the suit property would fall
