mohit 09 December 2022

defendant refuse

if defendant refuse in executing court that i am not in possession decree can not execute against me .so can excutive court set a side decree of high court ?

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8 Replies

vijay sathya 09 December 2022

executive court is only for execution not to interpret the judgment passed by the Hon'ble Court

mohit 09 December 2022

so can excutive court dismisses execution petition or will. decide it while one objector comes during execution pending

Advocate Bhartesh goyal (advocate) 09 December 2022

No,executing court can't dismiss or amend decree .Executing court can decide objections regarding maintainability of execution petition only.

mohit 09 December 2022

ok thanks sir

SHIRISH PAWAR, 7738990900 (Advocate) 09 December 2022

Hello,

Executing court don't have the power to set aside High Court decree.

Sidhhi 09 December 2022

Any order passed by High Courts can't be dismissed or mis interpreted by sub ordinate courts. Only SCI has this power.

naveenraj jain (proprietor) 10 December 2022

there is one recent judgment (reportable) on execution cases.. such execution cases have to be closed within 6 months after filing of the execution case