Execution of judgement (decree not drawn)
P Devi
(Querist) 13 September 2015
This query is : Resolved
Respected Experts,
I have got a situation. Please give your valuable advice.
1. Judgement/Decree (Mandatory Injunction) was passed by ADJ in 1990. But separate Decree Sheet was not drawn.
2. The relief has been given in 2nd last para instead of last para.
My query :
Please tell me anything else
except to apply to ADJ to draw the Decree Sheet.
Whether jugdement can be executed itself ?
Rudrawar Narayanreddy
(Expert) 13 September 2015
consult your advocae who after perusing the decree can correctly advise. as seen from the details given by you we can say that the decree is not correctly drawn so u/s 152 of the cpc you can apply for correction.
P Devi
(Querist) 14 September 2015
Respected Sir
I am not saying that the Decree is not correctly drawn. I am saying that the Decree has not been drawn at all.
Whether the judgment can be executed itself ?
Anirudh
(Expert) 14 September 2015
You say that it is a mandatory injunction. Therefore there is nothing which needs to be executed. Therefore there need not be any separate decree. As and when the opponent infringes the injunction, you have to approach the court with Contempt Petition. That's all to it. Nothing more.
Rajendra K Goyal
(Expert) 14 September 2015
Consult local lawyer and show him full case file including the decision under reference.
T. Kalaiselvan, Advocate
(Expert) 21 September 2015
What is the opinion of your lawyer after seeing the contents of the decree drawn by the court.
I think expert Mr. Anirudh's opinion explained and cleared your doubts on the subject query. The answer is very simple and easily understandable and answers your point.
