Execution petition

Key Points to Consider -

*High Court Order*: The High Court granted conditional leave to defend the suit, directing your client (A) to deposit ₹2 lakh.

Since A didn't comply, the suit proceeded as per the decree. -

*Execution of Decree*: A transferred his car to B in lieu of the debt. B accepted this transfer, which might imply satisfaction of the decree to that extent. - 

*Maintainability of Execution Petition*: Your contention is that the execution petition isn't maintainable since the decree has been executed through the transfer of the car. Possible Course of Action 

1. *File an Application before the Civil Court*: Submit an application explaining the satisfaction of the decree through the transfer of the car. Provide evidence of the car's transfer and its acceptance by B

. 2. *Seek Clarification from the High Court*: If the Civil Court insists on compliance with its order, consider approaching the High Court for clarification or modification of its earlier order. 

3. *Negotiation with B*: If possible, negotiate with B to confirm that the transfer of the car settles the decree. Important Considerations - 

*Documentation*: Ensure all documents related to the car's transfer are properly executed and recorded. - 

*Legal Representation*: Engage a lawyer to represent your client's interests in both the Civil Court and High Court, if necessary. 

By taking these steps, your client can attempt to resolve the matter and avoid further litigation.

Thank you for your valuable advice.  

In case I have to approach High Court , what will be best course of action for me? 

Do I have to file revision petition? 

Was the car given in compromise with the express knowledge and approval of the Court,

Originally posted by : P. Venu
	Was the car given in compromise with the express knowledge and approval of the Court,

Car was given in express knowledge & transfer has also been executed.  However , settlement was done out of court and not with approval of court. 

Basically the JD has not complied with the conditional orders passed by the high court.

The transfer of car was not the part of the order.

The execution petition is maintainable to the extent of balance of amount however if the trial court is insisting in getting n order from high court then he can approach high court in the same case by filing a petition to reopen the same and consider his IA acordingly and pass orders to relax the conditions in view of the transfer of car to the Decree holder by the judgment debtor.