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 immovable property of B of the like amount.

Now, suppose A files a case for recovery of certain immovable property of B, and eventually wins the case, in such a scenario, A can file the execution petition and obtain an order for attachment with respect to the said property.

Conclusion

Merely wining a case in a court of law against your opponent may sometimes not be enough, in such cases, the process of execution is to be followed with due course of law.

Comments

Parental disputes or pending matrimonial and criminal matters between the natural guardians cannot constitute a valid statutory reason for refusal to issue passport says Allahabad High Court

Facts and Background The case involved a minor child aged about 2 years at the time of application whose mother applied for her passport on January 17, 2025. Despite completing all required formalities, the passport authorities kept the application pending indefinitely. The reason cited was the ongoing matrimonial dispute and criminal cases between the child's parents (the natural guardians). The authorities essentially treated these parental conflicts as a ground to withhold progress on the minor's passport application. The mother approached the Allahabad High Court via a writ petition, seeking directions for expeditious processing and issuance. Observations of the Court Section 6 is Exhaustive and Mandatory Section 6 of the Passports Act, 1967, provides the complete and exclusive list of grounds on which a passport authority may refuse to issue a passport or travel document. - These grounds include matters like: ...

MARRIAGE REGISTRATION PROCESS IN DELHI

Hello friends today we shall talk about the procedure for registration of marriage in Delhi. ELIGIBILITY The marriage must have been solemnized either under the Hindu Marriage Act or under the Special Marriage Act, The Groom must have attained the minimum age of 21 years. The bride must be of the age of 18 years at least. DOCUMENTS REQUIRED Photo ID proofs of both the parties like Aadhar card / PAN card / Voter card Date of birth proofs of both parties like 10 th certificate, etc. Permanent address proof must be there . Marriage photographs and Invitation Card. Passport Size Photographs of both parties. 2 witness in case marriage registered under Hindu Marriage Act or 3 witnesses in case it is registered under the Special Marriage Act along with their respective proofs like PAN CARD/ AADHAR CARD etc. An affidavit from both parties certifying the date of their marriage and more specifically stating that the marriage has not been performed between pers...

DISTRICT COURT THRISSUR, KERALA HELD AIR ASIA LIABLE FOR DEFICIENCY IN SERVICE AND UNFAIR TRADE PRACTICES

Introduction District Consumer Disputes Redressal Commission in Thrissur, Kerala (India), held AirAsia India Limited liable for deficiency in service and unfair trade practices. Facts and Background In this matter, a passenger's flight was cancelled by the airline for operational reasons. Under applicable rules (including those from India's Directorate General of Civil Aviation or DGCA, and the Consumer Protection Act), passengers are typically entitled to a full refund in such cases, and many airlines (including low-cost carriers like AirAsia) are expected to process automatic refunds promptly without requiring manual claims in straightforward cancellations. However, AirAsia failed to issue an automatic refund for the ticket amount (which was ₹2,983). The passenger made repeated attempts to obtain the refund but faced ongoing issues and harassment, ultimately having to approach the consumer forum to recover even this small sum. This caused financial loss, inconvenience, a...

WakeelSaab.in

Search This Blog