Back
AMIT BANSAL
Harinder Kumar – Appellant
Versus
Girish Peshoria – Respondent
JUDGMENT :
Amit bansal, J.
1. The present execution petition has been filed seeking execution of the decree passed by this Court on 14th December, 2018 in terms of the settlement arrived at between the parties.
2. By way of the present execution proceedings, the decree holder seeks the following directions against the judgment debtor:
(ii) Direct judgment debtor to pay a sum of Rs.4,00,00,000/- along with interest @ 18% per annum from 14th June, 2019 till the date of payment.
3. Notice in the execution petition was issued on 16th December, 2021. The objections have been filed by the Judgment Debtor on 24th February, 2022 and the decree holder has filed a reply to the objections.
4. It was noted in the order dated 23rd December, 2021 that the judgment debtor, without prejudice to his rights and contentions, shall vacate the first floor of the Maharani Bagh property on or before 14th February, 2022. As noted in the order dated 25th February, 2022, the possession
The judgment debtor's objections were dismissed, and the court found the transfer of property to be fraudulent, emphasizing the importance of fulfilling the terms of the settlement and decree.
A consent decree's terms are binding and must be executed as agreed; fraudulent transfers to evade obligations are voidable under the Transfer of Property Act.
The failure to comply with a settlement agreement and decree can entitle the decree holder to enforce the decree like a money decree, including the recovery of the decretal amount by selling the subj....
The sanctity of settlements recorded by the court and the obligation of parties to honor such settlements.
Consent decrees are enforceable despite objections where no prior challenge was made, and execution can proceed as agreed terms provide equitable resolutions.
Point of Law : Executing Court cannot go beyond the decree except when the decree is nullity or is without jurisdiction as Executing Court has no jurisdiction to modify the decree, but it has to exec....
The executing court is bound to act within the parameters of the decree established by prior judicial decisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
