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.
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.
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.
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.
(Expert)
