Executing Court Archives

Executing Court having jurisdiction to execute award, can be any Court anywhere in the country, where decree can be executed: Allahabad HC reiterates

Allahabad High Court noted that the issue regarding the jurisdiction of the Executing Court was neither doubted nor was referred.

Case Briefs Supreme Court

Executing Court cannot hold execution decree inexecutable, merely because decree-holder lost possession to an encroacher: Supreme Court

“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”

executing court to decide inter se claims

Case Briefs Supreme Court

Rules 97, 98 and 101 of Order 21 of CPC enable Executing Court to adjudicate inter-se claims of decree holder and third parties: Supreme Court reiterates

Supreme Court commented that “The situation is indeed disquieting, viewed from the perspective of the decree holders, but the law, as it stands, has to be given effect whether the court likes the result or not.”

Case Briefs High Courts

If Banks have to survive, borrowers must exist and not mere borrowers but productive borrowers: Del HC on whether borrowers have protection against arbitrary disposal of properties mortgaged to banks at low prices? [In-depth Report]

Delhi High Court: Asha Menon, J., expressed that, The Banks seek collaterals and security to prevent losses to themselves. It is, but

Case Briefs High Courts

J&K HC | Duty of Executing Court to rectify any discrepancies in order to make a decree executable

Jammu & Kashmir High Court: Sindhu Sharma, J. allowed the revision petition on the grounds that the executing court had a duty

Case Briefs High Courts

Bom HC | Decree passed against a company can’t be executed against an individual; proprietor’s application for discharge allowed

Bombay High Court at Goa: C.V. Bhadang, J., discharged the petitioner (proprietor of the defendant Company) of the notice served upon him

Case Briefs High Courts

HP HC | Executing Courts have no authority to go beyond the judgment/decree passed by the Court

Himachal Pradesh High Court: The Bench of Sandeep Sharma, J. hearing a revision petition against an order of District Judge, held that

Case Briefs High Courts

Executing Court cannot go beyond the decree; held objections rightly dismissed

Madhya Pradesh High Court: Petitioner preferred this civil revision before a Single Judge Bench of Rajeev Kumar Shrivastava, J., under Section 115