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
requirement of deficit court fee by making the
decree unexecutable till such payment. Needless to say the time
granted for payment of Court Fee will ... till deficit court fee is paid the decree that shall be even drawn up is
unexecutable and that no way give additional life against limitation
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
decree is challenged on the grounds that
there was no application of judicial mind and the property is not in
existence making the decree unexecutable ... effective decree could have been granted in the circumstances and
that the suit property is in existence. He submits that decree is
unexecutable and therefore
profit by simply opting to remain indolent and keep his
decree unexecuted. Accordingly pendente lite interest @ 10% per annum on the above
adjudged ... suit i.e.
08/03/2014 till the date of decree i.e. 26.08.2014 and future interest @ 8% per annum
w.e.f. 26.08.2014 till
profit by simply opting to
remain indolent and keep his decree unexecuted. Accordingly, future interest @ 8%
per annum is also awarded
without the stamp papers for engrossment of
the decree thereon being deposited and the decree became
unexecutable and unenforceable in law as held ... sought declaration that
the compromise decree dated 31st May, 1984 in the earlier suit for partition
has become unexecutable and unenforceable as per the dicta
good senses may prevail for
reconciliation, instead of granting decree of divorce, has granted the
decree for judicial separation. The operative portion of the said ... granted the
relief of restitution of conjugal rights and if such decree
remains unexecuted for one year, it would be a ground for
divorce
post decree stage and legal objections
are open to reception in the executing court in order to show that the
decree is unexecutable
that the amount decreed by the trial Court remained unpaid and the decree remained undischarged. Resultantly, the learned Judge of the Executing Court dismissed ... been paid even prior to the filing of the suit, the decree became unexecutable.
7. When this Court asked a question as to whether
