shall provide necessary police help to the decree holder to ensure that decree dated 11.11.1949 is not violated by the Judgment debtors and the decree ... decree, the petitioners have deliberately and intentionally violated the same and are still violating the decree, therefore, the trial Court has rightly passed the impugned
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
possession to the decree holder cannot
be ordered even if the decree holder is dispossessed by the judgment debtor
in violation of decree of permanent ... civil prison for
violation of the decree, the decree holder would not get anything. The
decree which has been passed by the court
possession of
the plaintiff - decree holder and shall abide by the decree
dated 04.10.1999.
Learned counsel for the decree-holder -
respondent states that both ... whether a violator can
never be penalized? The answer is `yes', he can be
penalized for violation or disobedience of the decree under
civil prison for violation of
the decree, the decree holder would not get anything. The
decree which has been passed by the court ... tethering of cows
etc., it certainly amounts to violation of decree. Once decree stands
violated, it is required to be enforced. Learned trial court
respondent No.5 is not shown to have committed any violation of the decree, the order of the trial Court must be maintained ... evidence much less cogent evidence to substantiate the allegation concerning violation of decree dated 14.10.1968 and the stay order. The onus of proof
Code, 1908 - Order 21 Rule 32
- If judgment debtors after passing decree violate the
same by dispossessing the decree holder, courts are
having full power ... possession of land in
dispute to decree holder in case the decree of permanent
injunction is violated by the judgment debtor."
[14] The aforesaid
consent decree between themselves to the exclusion of A. A can always come forward to say that the contract or the compromise decree was collusive ... decree unless it was duly registered as provided Under Section 17 of the Registration Act. In that situation, the said decree violated the provisions
when there is no decree for
possession in favour of the decree holder. It is also contended that
once the decree has been satisfied ... 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
sustain the finding that the decree dated 12.3.1991 was the result of coercion and undue influence. If the decree were the result of coercion ... suffered this decree of her own free will and violation. Decree was the result of undue influence and coercion. It was submitted that
