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Court decree

(Querist) 29 August 2017 This query is : Resolved 


Dear sir,

A decree was issued by Delhi high court in an out of court property settlement matter where the first appeal was pending before the high court. As the settlement was done after 30 years, Is the aggrieved person entitled for damages after the case is closed in the high court? What are the consequences of not abiding the decree?


Thanks and Regards

Raju
Raju (Querist) 29 August 2017
Please answer as soon as possible.
Ms.Usha Kapoor (Expert) 30 August 2017
If there is inordinate delay in awarding the decree court will grant decretal amount+interest+interest on costs etc to the aggrieved party but you don't have any claim of damages against the High court. Opposite party will bear such costs. If you disobey the decree you can be issued civil contempt proceedings by the court for which 6 months imprisonment and Rs.2000 fine will be imposed till you comply with court Judgement and decree. or court orders.
Ms.Usha Kapoor (Expert) 30 August 2017
If there is inordinate delay in awarding the decree court will grant decretal amount+interest+interest on costs etc to the aggrieved party but you don't have any claim of damages against the High court. Opposite party will bear such costs. If you disobey the decree you can be issued civil contempt proceedings by the court for which 6 months imprisonment and Rs.2000 fine will be imposed till you comply with court Judgement and decree. or court orders.

Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=797867
R.K Nanda (Expert) 30 August 2017
1. aggrieved person is not entitled for any damages.

2. if you do not obey court decree/ order then contempt of court lies against you.
P. Venu (Expert) 30 August 2017
The query lacks clarity.
Adv. Yogen Kakade (Expert) 30 August 2017
The facts of the case and the order of the HC need to be seen.
Guest (Expert) 30 August 2017
Discuss the real problem.
Rajendra K Goyal (Expert) 30 August 2017
Any damages / benefit can be claimed only with in the terms of the consent decree.
Dr J C Vashista (Expert) 02 September 2017
No claim or appeal lies against "out of Court settlement", which is the result of compromise and acceptable terms.
Consult your lawyer for better appreciation of facts and circumstances.


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