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kaushal (Advocate)     16 October 2014

Execution decree

Hi.....

 

In case there are several decrees against the same judgment debtor in favor of same Decree Holder, then in case an asset is sold in one of the decrees and excess amount in received. Can the excess amount be adjusted with other execution decrees? If yes, under which provision? Can such adjustment be stopped? (Any case laws)

 

Regards



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 October 2014

if the amount deposited by the judgment  debtor  falls

short of the decretal amount, the decree-holder is  entitled  to  apply  the

rule of appropriation by appropriating the amount  first  towards  interest,

then towards costs and subsequently towards principal amount due  under  the

decree; 

we are of the opinion that the appellants  herein  are  entitled  to

the amount awarded by the Executing Court, as the amounts deposited  by  the

judgment  debtor  fell  short  of   the   decretal   amount.   

 After   such

appropriation, the decree-holder is entitled to interest only to the  extent

of unpaid – principal amount.  Hence, interest be calculated  on  the  unpaid  principal

amount.



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