AI Overview...
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Transferee's Role in Execution - A transferee from the decree-holder can step into the shoes of the original decree-holder to seek relief in execution proceedings, and proceedings may continue even after disposal of the special leave petition, indicating that execution can be maintained or revived through such steps PARVATHIBAI VS DATTATREYA JANARDHAN DHOPESHWARKAR - Karnataka.
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Effect of Personal Action by Degree Holder - When a decree-holder stops the execution proceedings himself, it can impact the continuation or resumption of execution, but the legal framework allows for other decree-holders or transferees to pursue execution, suggesting that personal cessation does not necessarily terminate proceedings PARVATHIBAI VS DATTATREYA JANARDHAN DHOPESHWARKAR - Karnataka, T. K. Makkar VS Meeravu Haji - Current Civil Cases.
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Joint Decree-Holders and Execution - Civil Procedure contemplates execution by joint decree-holders against liable parties; a single joint decree-holder can execute the decree, but challenges to executability or joint possession can complicate proceedings SREE ISWAR SRIDHAR JEW VS JNANENDRA NATH GHOSE - Calcutta.
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Legal Proceedings and Stay Orders - Pending proceedings, including appeals or stay orders, can influence execution, especially under specific laws like the West Bengal Non-Agricultural Tenancy Act, where execution may be stayed during certain stages SITA AGARWALLA VS HARRIMALLY CURRIMBHAI LALJI SAJAN - Calcutta.
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Interference by Third Parties - Third parties can oppose or resist the delivery of possession in execution, and even third-party claims or transfers by decree-holders can be challenged or scrutinized during execution proceedings, affecting their validity and outcome Subbiah Naicker VS Ramanathan Chettiar - Madras, Byram Narayana vs Rama Rajam - Telangana.
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Consequences of Non-Compliance or Misconduct - If a decree-holder withdraws police or lawful assistance to execute a decree, or acts unlawfully, contempt proceedings or disciplinary actions can be initiated against them, impacting the execution process Utpal Kumar Das VS Court of the Munsif No. 1 - Gauhati.
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Jurisdiction and Validity Challenges - The validity of the decree itself can be challenged during execution if the court lacked inherent jurisdiction, but once a valid decree is passed, the executing court generally cannot revisit its legality unless specific grounds like jurisdictional defects are established T. K. Makkar VS Meeravu Haji - Current Civil Cases.
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Summary: The effect of a decree-holder stopping execution personally depends on the context; while personal action can halt proceedings temporarily, the legal system provides mechanisms—such as substitution by transferees, joint execution rights, and third-party claims—to continue or challenge execution. The courts emphasize that execution is a distinct process that can proceed independently of the decree-holder’s personal actions, provided legal requirements are met and procedural safeguards are observed.
References: - PARVATHIBAI VS DATTATREYA JANARDHAN DHOPESHWARKAR - Karnataka - SREE ISWAR SRIDHAR JEW VS JNANENDRA NATH GHOSE - Calcutta - SITA AGARWALLA VS HARRIMALLY CURRIMBHAI LALJI SAJAN - Calcutta - Utpal Kumar Das VS Court of the Munsif No. 1 - Gauhati - Subbiah Naicker VS Ramanathan Chettiar - Madras, Subbiah Naicker VS Ramanathan Chettiar - Madras - T. K. Makkar VS Meeravu Haji - Current Civil Cases - Byram Narayana vs Rama Rajam - Telangana
Search Results for "The Effect of the Degree Holder Stopping the Execution Proceedings himself"
1991 0 Supreme(Kar) 536 • India - Karnataka
K.J.SHETTY
is maintainable, as the transferee from the decree-holder can seek relief in execution proceedings by stepping into the shoes of ... the decree-holder. ... Whether the execution proceedings had come to an end after the disposal of the special leave petition? 3. ... Thus, the entire proceedings of final decree following the preliminary decree was commenced as execution#H....
2024 0 Supreme(Ker) 1129 • India - Kerala
KAUSER EDAPPAGATH
proceedings. ... proceedings. ... and the necessity of the interim Mutawalli's presence in the proceedings. ... The provisions of Section 146 of CPC apply to execution proceedings as well. ... The petitioners are decree holders 7 to 12, 14 and 15 in EP No.23/2019 in OS No.403/1996 on the file of the Munsiff's Court, Kothamangalam (for short, the Executing Court). The other decree holders, except the 13th decree-#HL....
1958 0 Supreme(Cal) 24 • India - Calcutta
S.C.LAHIRI, CHAKRABARTI
The appellant challenged the executability of the decree and the validity of the execution proceedings. ... EXECUTION OF DECREE - SCHEME DECREE - EXECUTABILITY - JOINT POSSESSION DECREE - EXECUTION BY ONE JOINT DECREE-HOLDER AGAINST THE ... Civil Procedure contemplates execution by the joint decree-holders against persons liable under the decree#HL_END....
1979 0 Supreme(Cal) 183 • India - Calcutta
A.K.JANAH, S.K.DATTA, SABYASACHI MUKHARJEE, SANKAR PRASAD MITRA, S.C.GHOSH
ORDER - EFFECT. ... The decree-holder filed an execution petition, which was dismissed. ... WEST BENGAL NON-AGRICULTURAL TENANCY ACT, 1949 - SECTION 88 - INTERPRETATION - PENDING PROCEEDINGS - EXECUTION PROCEEDINGS - STAY ... Section 88 runs thus:"the provisions of this Act shall have effect in respect of all suits, appeals or proceedings including proceedings in execution for ejectment of a non-a....
1914 0 Supreme(Mad) 24 • India - Madras
S.AIYAR, AYLING
and execution proceedings from one court to another, the effect of ex-parte orders in execution proceedings, and the applicability ... Fact of the Case: The appeal arose from an execution petition put in by the decree-holder, involving a decree passed ... of Order IX, Rule 13 to execution proceedings. ... This appeal has arisen out of an execution petition put in by the #HL_STA....
2008 0 Supreme(Gau) 640 • India - Gauhati
J.CHELAMESWAR, ANIMA HAZARIKA
The Petitioner was accused of withdrawing the police force and stopping the lawful execution of the decree. ... proceedings under the Contempt of Courts Act against the Petitioner. ... The court directed the State of Assam to initiate appropriate disciplinary proceedings against the Petitioner and also initiated ... that effect [Lewis v. ... Similarly, a third party, who questions the validity of a transfer made by a decree-holder to an assignee, can....
1914 0 Supreme(Mad) 23 • India - Madras
and the effect on execution proceedings. ... Fact of the Case: The appeal arose from an execution petition put in by the decree-holder. ... The execution proceedings were initiated in the Srivilliputtur Munsifs Court in 1909. ... . validity of such a decree in execution proceedings. ... under Section 47 in execution proceedings. ... On the other hand the appel....
2025 Supreme(Online)(Tel) 21229 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Nagesh Bheemapaka
(2015) 1 SCC 379 ] is to the effect that even third parties can offer resistance and object delivery of possession in execution of decree and judgment. This proposition is not in dispute in the present Revision. ... The Decree Holder filed Memo dated 19.08.2016 relying on the decision of this Court in Dongala Venkaiah v. ... The original Plaintiff/Decree Holder did not reap the fruits. His Legal Heirs one of whom is 75-year-old also cannot secure the fruits of their h....
1941 0 Supreme(Mad) 61 • India - Madras
ABDUR RAHMAN
Fact of the Case: The decree-holder filed an application for execution in 1930, which was dismissed in 1931 due to a ... The decree-holder then filed a suit to challenge the order, which was dismissed in 1934. ... Limitation - Execution of Decree - Article 182, Sub-clause 5 of the Limitation Act - Order 21, Rule 63, Civil Procedure Code/ ... If a claim by a third party were disallowed, the execution would have proceeded and the property attached by ....
• India - Current Civil Cases
KAUSER EDAPPAGATH
in execution proceedings on the ground that Court which passed decree was lacking in inherent jurisdiction – Executing Court cannot ... barred by res judicata from raising contention of any illegality in decree in execution proceedings – Competency of Court to try ... proceedings as well – A person claiming under judgment debtor is entitled to defend execution proceedings – Respondent, who has ... The provisions of Section 146 of CP....
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