execution of decree

This query is : Resolved 
 

(Querist)
20 February 2009

pl advise what is meaning of
"execution of decree" is it always required in which condtions it is not required

i have a decree/ order, it doest not ask for execution of decree , does one still need execution of decree ?


PALNITKAR V.V. (Expert)
20 February 2009

A decree should be always executable. Otherwise what is the point in asking relief from the Court? What is the use of a paper decree?

A. A. JOSE (Expert)
20 February 2009

As has rightly been pointed out by the learned senior Mr.Palnitkar, a decree of the court is always executable and there is no warrant for asking for its execution as stated by you. If the judgement debtor has failed to honour the decree in question, it is for the decree-holder to move the court for execution of the decree please if the decreeholder is serious enough to get the decree executed.

ARVIND JAIN (Expert)
20 February 2009

WHAT SORT OF A DECREE IT IS ? DECREE OF DIVORCE NEEDS NO EXECUTION. IT IS NOT TRUE THAT 'A decree should be always executable'.

PALNITKAR V.V. (Expert)
20 February 2009

Thanks Mr Jain. You are right. A decree of divorce needs no execution. But that is exception. Most of the decrees need execution.

sanjeev murthy desai (Expert)
20 February 2009

Decree of divorce with alimony and maintance, if it is not paid it is also need a execution.

sanjeev desai

Adv.Shine Thomas (Expert)
20 February 2009

Execution is the enforcement of decrees and orders by the process of the court.The principles governing execution of decrees and orders are dealth with in Secs.36 to 74 and order 21 of CPC.All proceedings in execution commence with the filing of an application for exicution.Such application should be made to the court which passed the decree or,where the decree has been transferred to another court,to that court.

Kamlesh soni (Expert)
20 February 2009

A decree should be executable.but some time it is not executable.Like decree of divorce needs no execution.

Abhishek (Expert)
20 February 2009

hmmm..gud work by Shine Thomas...

rk (Querist)
21 February 2009

what is still not clear that incase one has decree and letter of administration can i occupy the property ?


PALNITKAR V.V. (Expert)
21 February 2009

How will you get reply about occupation of property etc, if you didnt speak anything in your query? Hence, it is necessary to frame queries in clear words. Do not keep it vague or incomplete. Now you have not clarified what decree you have and in what capacity did you get letter of admini. Please clarify.

A. A. JOSE (Expert)
21 February 2009

Mr.Palnitkar is right. Unless questions are properly framed it is but natural that replies will also be incomplete or improper. Therefore, the author will do well to raise clear questions.

Adv.Shine Thomas (Expert)
21 February 2009

I agree with the views of Mr.Palnitkar

rk (Querist)
22 February 2009

i have got decree and letter of admin for porperty left behind by my father who had not done nomination of the flat.

there was another claimant to this property and hence a court case was filed by me

judgement (decree) came in my favour and letter of admin was issued for said property

now do i need to get this executed or can i occupy my propery, flat has been vacant till date

pl advise is there any more i need to do


RAKHI BUDHIRAJA (Expert)
23 February 2009

I do agree with Mr. Palnitker.

rk (Querist)
29 June 2014

i have got decree and letter of admin for porperty left behind by my father who had not done nomination of the flat.

there was another claimant to this property and hence a court case was filed by me

judgement (decree) came in my favour and letter of admin was issued for said property

now do i need to get this executed or can i occupy my propery, flat has been vacant till date

pl advise is there any more i need to do

ajay sethi (Expert)
Click to Talk
29 June 2014

5 year old query ?



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