...Code of Civil Procedure for execution of declaratory decree and the provisions of the Code apply to a proceeding under Section 27 of Act X of 1947. Th...R.N Singh, J.M:— This is a second appeal against the decree of the Additional. Commissioner of Agra Division passed in a suit under clause (b) of Section 202 of the U.P..., 1952. The Assistant Collector who tried the suit, decreed it and the Additional Commissioner has dismissed the appeal and confirmed the decree of the trial court except in respect of one plot No. 258. A...

...suit was barred by limitation and the declaratory decree was not capable of execution hence present suit under S. 202 of the Act cannot be treated to be proceedings in nature of the ...held that declaratory decree needs no execution and S. 47 of C.P.C would not apply. In the instant case there is no question of execution of declaratory decree rather su...the Act has been filed not as a measure of execution of the declaratory decree, rather in pursuance of the direction contained in the civil suit hence this case cannot be said to be of an...

...exercise their jurisdiction properly and the respondent could not have sought execution of the declaratory decree when no relief was granted to him towards arrears of salary and other consequential...petition filed under Articles 226 and 227 of the Constitution. The writ petition had been filed challenging the order of the Civil Judge, Neemuch executing a declaratory decree and that of the...which was dismissed and the second appeal in the High Court was also dismissed by the judgment dated 26-4-1986. The respondent, decree-holder, then filed an execution application in the Court of the...

.... and submitted that the Lower Appellate Court had no authority or jurisdiction to stay the effect and operation of a declaratory decree since no execution of a declaratory ...operation of a declaratory decree could not have been stayed as there was no execution of a declaratory decree required. He also referred to ...that only the execution of an executable decree can be stayed. Not every decree requires execution and, therefore, when by the impugned order dated 26.11.2018 the whole decree itself was stayed th...

...last on 20 Phagun Svt. 2020 (1963 A.D). The reversionaries filed application for execution of declaratory decree, earlier passed in their favour and upheld by the High Court on 25 Poh...dated 25 Poh, Svt. 1999 (1942 A.D). The execution petition filed by the reversionars did not meet success on the ground that the decree was not executable during life time of Smt. Dadwal as the..., Svt. 1999 (1942 A.D). However, its execution was vide order dated 29.07.1964 declined on the ground that it was declaratory in nature and, therefore, not executable. They, thereafter, brought a Suit...

....The grievance of the revisionist is that he filed execution case for executing a decree of injunction and declaration in Title Suit No. 105 of 2001. The contesting-opposite party filed his ...provision to execute a declaratory decree and a separate execution cannot be instituted.Submission of Mr. Ayush Aditya that the findings of the court below is absolutely wrong since...Order 21 to execute a declaratory decree, the court has specifically stated that there is no provision under Order 21 for execution of a declaratory decree. The argument of Mr. Aditya Ayu...

...ordered to proceed. But in appeal the learned District Judge raised a new point as to whether the decree was executable. He held that the decree was merely a declaratory decree declaring that the decree-ho...defendants to pay Rs. 304 every year to the plaintiffs. It is thus a decree capable of execution and the executing Court is bound to execute it as it stands. Moreover, on three previous occasions the decree was tre...execution.3. In 14 Lah. 4091 the wife had obtained a declaratory decree for maintenance at the rate of Rs. 45 per month against her husband and the decree was executed by the wife...

...1. The matter here concerns the execution of a declaratory decree granted in favour of Rohini Kumar. On 19 October 1981, Rohini Kumar filed a suit for declaration that he was entitled to...this Court in Regular Second Appeal.6. Later, when Rohini Kumar took out execution of this subsequent decree, an objection was raised on behalf of the State of Punjab that the ...declaratory decree has been passed in favour of an employee holding that he continues to be in service, he can realise all the arrears of pay due to him in execution of the decree. It has...

..., 2005 and 16 February, 2005 respectively. Thereafter, the Petitioners filed Execution Case No. 1 of 2014, which was dropped vide order dated 12 March, 2018 holding that no execution of a declaratory ...decimals in Mouza-Banmalipur under Baramba Tahasil in the district of Cuttack was decreed ex-parte by learned Additional Civil Judge (Junior Division), Baramba vide judgment and decree dated 2 February...been made. However, after the judgment and decree passed in Title Suit No. 17 of 2001, the Petitioners filed Mutation Case No. 2164 of 2006 before the Tahasildar, Baramba, which is still...

...title in a suit in which it had no jurisdiction to interfere, next proceeded to execute its declaratory decree by giving this plaintiff possession, overlooking the fact that the only execution [200] of a...declaratory decree is for such costs as may be decreed and may not have been paid. This plaintiff alleges that he sowed the crop in respect of which this action is brought. If he sowed the crop, he...they are material, are as follows:—The principal defendant, namely, Raja Udit Narain Singh, obtained an order or decree from a competent Court of Revenue establishing his title to possession of the...

...representation made by the petitioner. The petitioner has again come to this Court.4. Learned counsel for the petitioner submits that in view of the declaratory decree granted in his favour and the ...of black listing. Learned counsel for the respondents, on the other hand, submits that the petitioner is required to put the decree for its execution and as the decree is declaratory decree the...by the sub-judge in favour of the present petitioner. It is equally true that no stay either has been obtained or granted in favour of the petitioner. A declaratory decree under the law declares the right and statu...

...thereafter the claimant filed execution case for execution of the award passed in L. A. Misc. Case No. 5 of 1986. The Subordinate Judge rejected the execution petition as not maintainable because be was .... Therefore, the award passed by a Court being a decree within the meaning of section 2(2) of the cpc is executable, in this case the executing Court's order rejecting the execution petition only on the...ground that the award being in the nature of a declaratory decree is inexecutable, is not sustainable. Therefore, I set aside the order dated 28-9-1991 passed 'by the Sub-Judge, Dhenkanal and remit the...

...the shares and directing a division by the Collector may well be taken to be only preliminary. A final decree, unless it is merely declaratory, ought to be capable of execution, and for that purpose it...that not every final decree is capable of execution. A merely declaratory decree, though final, is by its Very nature, incapable of execution. So too is a decree under O. XX, r. ...Lokur, J.:—This appeal arises out of proceedings for the execution of a partition decree obtained by the respondent's father Daji Chimnaji against his brother Dhondi Chimnaji...

...their jurisdiction properly and the respondent could not have sought execution of the declaratory decree when no relief was granted to him towards arrears of salary and other consequential benefits...of the Civil Judge. Neemuchi executing a declaratory decree and that of the Additional District Judge, Mandsore upholding in revision the order of the Civil Judge. This Court while granting special...which was dismissed and the second appeal in the High Court was also dismissed by the judgment dated April 26, 1986. The respondent, decree-holder, then tiled an execution application in the court of...

...the succeeding paragraphs. True, the defendants cannot seek execution of one part of the decree, viz., the relief of declaration granted to the plaintiffs, for two reasons. Insofar as the ...defendants as it may be an execution proceedings against themselves. Further reason to hold that a declaratory decree cannot be executed at the instance of the defendants is that such a decree is incapable...definition of the term “judgment debtor” in Section 2(10) CPC is also relevant. “Judgment debtor” means any person against whom a decree has been passed or an order capable of execution has been made. So far as the...

...unenforceable and that the family property was not saleable in execution of the decree obtained by defendant 1, was really only one declaratory relief for the simple reason that on the date of the suit...suit and to claim the relief noted above. Indeed, if he had simply asked for a declaration that the property was not saleable in execution of the decree, the relief could, on proof of the facts alleged by the plain...plaintiff, in favour of defendant 1, was unenforceable and that the family property mortgaged by that deed was not saleable in execution of an ex parte; decree for sale obtained by defendant 1; on the...

..., but since it was declaratory decree, therefore, its execution could not be made and hence from this point of view also, the execution application should be dismissed as not maintainable...question which arises for consideration is whether the decree dtd. 14.1.1970 which was passed on the basis of compromise was simply a declaratory decree and its execution could not be enforced by ...declaration given in his favour.”26. The Hon'ble Supreme Court in the case of State of Madhya Pradesh v. Mangi Lal Sharma (supra), has held that declaratory decree merely declares h...

...1. This is a decree-holder's appeal against the decree of Shri R. P. Verma, Civil Judge, Mohanlalganj, Lucknow, dated 24-9-1947, holding that the decree in execution is declaratory onl...interest and no costs of execution could be granted. He also contended that the decree itself was purely declaratory and therefore was not capable of execution. He also contended that the ...interest being payable, that in respect of damages the amount had not been proved & that in respect of the costs of execution proceedings, the decree-holder was clearly entitled to them. On the issue as to...

...the impugned order is erroneous since in the absence of a direction for delivery of possession in the decree, the execution of the decree which is merely a declaratory one should have bee...executing court on the facts and in the circumstances of the case to interpret the decree in the manner it has done.6. From the decree under execution in the case, it is clear that there is...1. This revision petition by the judgment-debtor is directed against the order of the executing court rejecting his petition under S. 47 of the Civil P.C resisting the execution filed by...

...in the declaratory suit. If his property has been sold in execution of a decree obtained against his son, and he is not estopped by the...such application. We think this contention must prevail. The decree was one passed against Amanat-ullah Khan, a son of Salamat-ullah Khan aforesaid. It was a mortgage decree. A decree absolute was...that he was himself the real owner of the property covered by the mortgage and ordered to be sold in execution of the same. This suit is sill pending. The question is whether under these circumstances...