violation of terms of decree is complained then decree holder
is required to prove those allegations.
In the present case, decree-holder is stating that ... Court cannot go beyond
the decree or travel beyond decree and modify or
alter the decree. Therefore, the learned counsel for
the respondent Municipality
delivery of the property to the decree holder
from the judgment debtor who forcibly evicted the decree
holder violating the decree; and (2) When ... favour of the decree holder, it is open to
the decree holder to seek action against judgment
debtors for violation of the decree without being
passing the decree, the decree-holder beat good bye to the terms of the decree and completed the second floor and thereby violated the terms ... cannot ask the judgment-debtor to execute the decree. When the decree-holder herself violated the conditions of the decree, she cannot compel the judgment
facie, there is a violation of perpetual injunction and judgment-debtor has done so intentionally in violation of the decree", (iii) "even ... lost to the decree-holder in spite of a decree prohibiting the judgment-debtor from interfering with the possession of decree-holder.
16. The view
second judgment-debtor, the father complaining that they had violated the decree granted to the decree-holder. An objection was filed by the legal representatives ... debtor contending that since the decree was one for injunction the decree-holder was not entitled to execute the decree against the legal representatives
Holders failed to give
particulars of the date of alleged violation of injunction decree.
Thereafter, in 2007, another execution petition bearing No.
595292/2016 ... possession of land in dispute to decree holder in case the
decree of permanent injunction is violated by the judgment debtor.
Similar view has been
gained
possession on the decree-holder's property by violating decree,
said judgment debtor needs to be expelled by the Executive
Court by exercising ... executing Court that
the decree holders have not been able to prove that the decree has been
violated by the judgment-debtors and they have
since the decree in favour of decree holder is for
permanent injunction and held that executing court does not go
beyond the decree ... gained possession on the decree-holder's property by
violating decree, said judgment debtor needs to be expelled
by the Executive Court by exercising
judgment and decree
dated 09.02.2017 has attained finality.
8. Alleging violation of the decree, the petitioners filed
Execution Case No.65/2019 before the Civil ... dated
09.02.2017 and that the machines were fabricated thereafter in
violation of the decree.
28. It is further argued that AW-1 deliberately withheld
documents
judgment and decree
dated 09.02.2017 has attained finality.
8. Alleging violation of the decree, the petitioners filed
Execution Case No.65/2019 before the Civil ... dated
09.02.2017 and that the machines were fabricated thereafter in
violation of the decree.
28. It is further argued that AW-1 deliberately withheld
documents
