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B. P. DESHPANDE
Fatima Coutinho – Appellant
Versus
Antonio Xavier Gomes Pereira – Respondent
JUDGMENT/ORDER
1. Admit.
2. The matter was taken up for final disposal at admission stage itself with consent of parties.
3. Heard Shri Gaurish Agni with Advocate J.P. Supekar and N. D'Souza for the Applicants and Shri Sudhin Usgaonkar learned Senior Counsel with Shri Rui Gomes Perreira learned Advocate for the Respondents.
4. The applicant has challenged the impugned order dtd. 16/3/2019 passed by the learned Trial Court in Execution Application no. 26/2017 thereby postponing the question of maintainability of the execution proceedings on the ground that enquiry is necessary to decide such issue.
5. The applicant is the Judgement-debtor/Respondent in the said execution proceedings. The present Respondents are the Applicants.
6. The parties are hereinafter referred as the Applicants/Respondents as arrayed before the Executing Court for the purpose of convenience.
7. The Applicants who are the owners of the premises, filed an application as Rent Case no. 4/2017 before the Civil Court (the learned Rent Controller) under Sec. 30 of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968, with the prayer of eviction of the Respondent temporarily from the said portion/tenanted por
The executing court has the discretion to conduct enquiries to determine the maintainability of execution applications, and procedural defects in such applications can be rectified without dismissal.
The court affirmed that a decree holder's rights must be enforced despite repeated technical objections from judgment debtors, underscoring the importance of expeditious justice in civil matters.
Objection to execution of decree must be raised at appropriate stage.
The main legal point established in the judgment is the limited circumstances in which the Executing Court can hold that the decree cannot be executed, the distinction between void and voidable decre....
The transferee of property can execute a decree without a separate assignment of the decree as per the amended provisions of the Code of Civil Procedure, 1908.
Execution of decree – Execution can proceed even if formal decree is not drawn – Quoting a wrong statutory provisions does not create a bar and stand in way of considering application.
The MoU forms an integral part of the consent decree and cannot be treated as separate. The execution petition seeking execution of the consent decree cannot be declared as non-maintainable and non-e....
Subsequent purchasers possess the legal right to execute possession decrees under CPC without needing an assignment of the decree.
Executing courts must adhere strictly to original decrees unless ambiguity arises; they can interpret, not modify, extant orders regarding maintenance from a specific application date.
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