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Suit for Execution Infructuous Due to Joint Measurement - The sources indicate that execution of a decree can become infructuous if the underlying suit or proceedings are rendered infructuous, often due to joint measurement issues, pendency, or procedural lapses. For example, a letter issued to halt works due to fund shortages or joint measurement disputes can lead to the inutility of execution Krishan Gopal VS Mehar Singh - Himachal Pradesh, Delhi Development Authority VS Speedwell Properties Ltd. - Delhi, UNION OF INDIA VS DAMODAR ROPEWAY AND INFRA LIMITED - Gauhati.
Effect of Family Settlement and Estoppel - Courts have held that acceptance of judgments or decrees in earlier suits, especially involving family settlements, can estop parties from challenging execution or subsequent suits, leading to the dismissal of related applications or proceedings Krishan Gopal VS Mehar Singh - Himachal Pradesh.
Infructuous Suits Due to Party Actions - Plaintiffs or vendees who initiate or prosecute suits, such as for sanctions or property rights, may render those suits infructuous if they withdraw or act in a manner that terminates the proceedings without contest, as seen in cases where the vendor's actions caused suits to become infructuous Kammana Sambamurthy (D) By LRs. VS Kalipatnapu Atchutamma (D) - Rajasthan.
Proper Parties and Procedural Considerations - Proper party status, such as local authorities in land acquisition, is crucial; failure to include proper parties can affect the validity of decrees and execution proceedings UNION OF INDIA VS DAMODAR ROPEWAY AND INFRA LIMITED - Gauhati.
Decree Validity and Affirmation - Courts have affirmed decrees in favor of plaintiffs, dismissing counter-claims due to lack of evidence or procedural lapses, but if the underlying suit becomes infructuous, the decree's enforceability is compromised Delhi Development Authority VS Speedwell Properties Ltd. - Delhi, Kanai Lal Mitra VS Nitya Nanda Roy - Calcutta.
Impact of Delay and Limitation - Delays or limitations can bar enforcement; courts have dismissed appeals or decrees if the rights or interests are found to be barred by time or procedural lapses Kanai Lal Mitra VS Nitya Nanda Roy - Calcutta.
Summary - Overall, the main insight is that execution of decrees becomes infructuous primarily when the underlying suit or proceedings are rendered void or ineffective due to joint measurement issues, procedural lapses, party actions, or legal estoppels. Proper procedural adherence and timely conduct are essential to ensure the enforceability of decrees Krishan Gopal VS Mehar Singh - Himachal Pradesh, Kammana Sambamurthy (D) By LRs. VS Kalipatnapu Atchutamma (D) - Rajasthan, UNION OF INDIA VS DAMODAR ROPEWAY AND INFRA LIMITED - Gauhati.

References: - Krishan Gopal VS Mehar Singh - Himachal Pradesh - UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER (CONSTRUCTION), N.F. RAILWAY, MALIGAON, GUWAHATI 781011 vs DAMODAR ROPEWAY AND INFRA LIMITED - Gauhati - J. S. Chaudhary VS Vice Chairman, DDA - Delhi - Kammana Sambamurthy (D) By LRs. VS Kalipatnapu Atchutamma (D) - Rajasthan - Delhi Development Authority VS Speedwell Properties Ltd. - Delhi - Vikas Vihar Co-Operative Group Housing Society Ltd. VS Budhiraja Electricals - Delhi - Kanai Lal Mitra VS Nitya Nanda Roy - Calcutta - UNION OF INDIA VS DAMODAR ROPEWAY AND INFRA LIMITED - Gauhati - Mohamad Ansari VS Md. Hasan - Jharkhand - Kammana Sambamurthy (D) By LRs. VS Kalipatnapu Atchutamma (D) - Supreme Court

Search Results for "Suit for Execution of the Decree is Infructuous Due to Joint Measurement"

2014 0 Supreme(HP) 833 • India - Himachal Pradesh

TARLOK SINGH CHAUHAN

after the passing of the decree in the earlier suit. ... The court also found that the appellants had accepted the judgment and decree in the earlier suit, and therefore, were estopped from ... The defendants contested the suit, denying the family settlement and claiming joint possession of the entire suit property. ... All pending applications have become infructuous in view of dismissal of the main appeal. ... or their privies in a subsequent #HL_....

UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER (CONSTRUCTION), N.F. RAILWAY, MALIGAON, GUWAHATI 781011 vs DAMODAR ROPEWAY AND INFRA LIMITED

• India - Gauhati

ARUP KUMAR GOSWAMI, J

31, 34) ... ... (B) Government Suits - The distinction between necessary parties and proper parties - A suit ... measurement. ... decree is passed in such suit. ... in case decree is awarded in such suit. ... A letter dated 13.6.2013 was issued directing the plaintiff to stop the execution of the works due to shortage of funds till further orders/instruction. ... While the plaintiff was called for joint measurement#HL_EN....

• India - Delhi

S.RAVINDRA BHAT

The suit is decreed in the above terms. ... Final Decision: The court decreed the suit in favor of the plaintiff for Rs. 13,58,924.97/- (Rupees thirteen lakhs, fifty ... amounts due under a works contract for construction of flats. ... It is alleged that due to delay in execution of the work, the plaintiff incurred extra expenditure for deployment of such staff, machinery, engineer, etc. ... It is contended that the DDA deducted the amount on the basis of m....

Kammana Sambamurthy (D) By LRs. VS Kalipatnapu Atchutamma (D)

2010 0 Supreme(Raj) 911 • India - Rajasthan

R.M.LODHA, P.SATHASIVAM

In the case before us, we have not found that the vendor was guilty of rendering the suit for sanction infructuous. It did terminate the contract pending the suit for sanction but never withdrew that suit. ... We are also of the view that the plaintiff vendee, by his own act in the pending suits, was responsible for rendering the suit for sanction as infructuous. ... The vendee himself prosecuted it and rendered it infructuous by his own filing of an affidavit giving ....

Delhi Development Authority VS Speedwell Properties Ltd.

2020 0 Supreme(Del) 1378 • India - Delhi

V.KAMESWAR RAO

Final Decision: The Suit was decreed in favor of the plaintiff, and the counter-claim by the defendant was dismissed. ... The defendant's counter-claim was dismissed due to lack of evidence. ... Delay Condonation - Recovery Suit - Delhi Development Act, 1957 - Clause 2, Clause 3 - Summary Fact of the Case: ... The Suit is decreed on the aforesaid terms. Decree sheet be drawn accordingly. No costs. ... Further, it is the case of the plaintiff that vide letter dated ....

Vikas Vihar Co-Operative Group Housing Society Ltd. VS Budhiraja Electricals

2012 0 Supreme(Del) 518 • India - Delhi

S.MURALIDHAR

The suit was disposed of accordingly. ... sought a direction to file a copy of the Arbitration Award, while Budhiraja Electricals claimed payment for work done and escalation due ... The suit is disposed of in above terms. ... The Society filed a counter claim for Rs. 11,20,890 against Respondent No.1 before the Arbitrator together with interest at 24% per annum, with effect from 10th June 1995 till the date of payment or the date of the decree whichever was earlier. ... As regards Claim No. 5 for a sum of Rs. 5 lakhs ....

1977 0 Supreme(Cal) 141 • India - Calcutta

ANIL KUMAR SEN, MANASH NATH ROY

Final Decision: The appeal was dismissed, and the judgment and decree of the lower court were affirmed. ... Whether the plaintiff had right, title, and interest in the suit property? 2. Whether the suit was barred by limitation? 3. ... Reza, and that Khalek had obtained a valid right, title, and interest in the suit properties. ... to the execution of any document, the court may in a suitable case rely on the certificate of registration as prima facie evidence of proof of execution".....

UNION OF INDIA VS DAMODAR ROPEWAY AND INFRA LIMITED

2018 0 Supreme(Gau) 211 • India - Gauhati

A.K.GOSWAMI

local authority for whose benefit land was sought to be acquired was held to be proper party in a land acquisition proceeding - In suit ... measurement. ... decree is passed in such suit. ... in case decree is awarded in such suit. ... A letter dated 13.6.2013 was issued directing the plaintiff to stop the execution of the works due to shortage of funds till further orders/instruction. ... While the plaintiff was called for joint #H....

2023 0 Supreme(Jhk) 53 • India - Jharkhand

SANJAY KUMAR DWIVEDI

decree sealed and signed) passed by learned District Judge Title Appeal affirming judgment and decree (decree sealed and signed) ... Magistrate is satisfied from a report of a police – Second appeal has been filed being aggrieved and dissatisfied with judgment and decree ... passed by learned Additional Munsif, in Title Suit – Held, Court finds that learned trial court and appellate court have considered ... In the latter suit out of which appeal to the High Court was preferred, the pl....

2010 7 Supreme 171 • India - Supreme Court

of sale deed – Vendee can apply for partition after execution of sale deed in his favour. ... The Subordinate Judge decreed the suit ... 6. ... The High Court modified the judgment and decree ... Finding of the Court ... In the case before us, we have not found that the vendor was guilty of rendering the suit for sanction infructuous. It did terminate the contract pending the suit for sanction but never withdrew that suit. ... We are also of the vie....

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