Execution of decree

This query is : Resolved 

Querist : Anonymous (Querist)
13 February 2020

Dear Experts,
Plaintiff filled a suit for declaration and possession, trail court dismissed suit. Plaintiff preferred appeal and 1st appellate court decreed suit as prayed. Defendant filled appeal 2nd appellate court dismissed appeal by conforming the decree of the 1st appellate court after hearing both side.
In this scenario, which is the executable decree
a) the decree of 1st appellate court
b) the decree of 2nd appellate court

Kindly answer my query if possible any citation in this regard Thank You

13 February 2020

Dear Sir,
The final order passed by second appellate court is executable order as second appellate court also confirmed decreed and judgment of first appellate court.

Raj Kumar Makkad (Expert)
13 February 2020

Decree of first appellate court shall be executed which has duly been upheld by 2nd appellate court.

R.K Nanda (Expert)
14 February 2020

nothing more to add .

T. Kalaiselvan, Advocate (Expert)
21 February 2020

The second appellate court has confirmed the decree passed by the first appellate court, hence based on the decision of the 2nd appellate court, the plaintiff or the decree holder can file an execution petition before the trial court to execute the order in his favor.

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