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Showing posts from January, 2024

EXECUTION: PROCESS FOR REALIZING A COURT ORDER/DECREE

INTRODUCTION  Hello Friends, today we shall talk regarding the steps one should take once a court decree / order is being passed in favor of a litigant. This happens once a particular litigant eventually wins a case filed before the court of law. The process of realizing the fruits of the case can be termed as execution. Now, in simpler terms it can be understood that broadly two types of execution may take place:- 1. WITH RESPECT TO CERTAIN SUM OF MONEY e.g. a MONEY DECREE; 2. WITH RESPECT TO A CERTAIN IMMOVABLE PROPERTY   Let us discuss the above two scenarios one by one: If A files a case against B for recovery of sum of money and eventually wins the case, in such a scenario, B has to pay the said amount to A. However, if despite the said order, B refuses to pay the said amount or delays the payment, in such an event, A can file a case for execution against B for executing the said amount. This can be done either by attaching the movable properties of B or attaching the imm...