Decree

Querist : Anonymous (Querist) 23 December 2011 This query is : Resolved
Below is the order of high court .please suggest how to delay the proceeding in the Trail court.in other words objections filed to hamper the speedy execution.please suggest in non legal language.

'As regards the imperfect title, defendant was required to take certain steps. If he has not
taken such steps then, it goes to his dis-advantage and show that he had a guilty mind at the
inception. The defendant cannot be permitted to take shelter of certain niceties which has
nothing to do with the plaintiff. If he on his own has not performed, then he had the guilty
intent and one who nurses such intent, cannot claim any advantage in a court of equity while
exercising jurisdiction of grant of specific performance. The courts are required to look into
quantum of equitable circumstances which heavily weigh against the defendant. We are of
the opinion that the plaintiff is entitled to grant of decree of specific performance. We are
remitting it back to the Trial Court to detail out the niceties of execution of the sale deed in
favour of the appellant in terms of the agreement on which we are ordering the specific
performance. The exercise should be completed within three months'

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Raj Kumar Makkad (Expert) 23 December 2011
Do you think that we experts are here to tel you illegal ways to promote your malafide intention over and above the verdict of High Court?

Instead of putting your query in this way, had to asked further remedy available with you then expert must have come to suggest you but your intension is really bad as clearly held by High Court so no suggestion.

ajay sethi (Expert) 23 December 2011
i agree with makkad

prabhakar singh (Expert) 24 December 2011
i too agree with mr.makkad

Querist : Anonymous (Querist) 24 December 2011
i am the judgement decree holder i want to know the strategy of the JD as my lawyer say the execution will take lot of time.sorry you have misunderstood me .

Devajyoti Barman (Expert) 29 December 2011
The executing court would decide the claim of the respective parties.

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