Application to realise Decretal sum from Court-deposit instead of Execution of Decree - Execution not mandatory for payment of Decree- debt.

Citation

2022 (1) CTC 860

IN THE HIGH COURT OF MADRAS

N. Seshasayee, J.

A. No.2856 of 2021 in C.S. No.478 of 2007

25.8.2021

Rajparis Civil Constructions Ltd., Old No.16-B, New No.30, Greams Lane, Thousand Lights, Chennai-600 006 ....Applicant

Vs.

Mohamed Ibrahim. 2. A. Mohamed Yunus. 3. M.S. Alliyar Bai. 4. Mohuzeen. 5. Khadar Meeran

.....Respondents

Code of Civil Procedure, 1908 (5 of 1908), Section 47 and Order 21, Rules 1 & 2 - Ex parte Decree - Funds deposited pursuant to Garnishee proceedings - Application to realise Decretal sum from Court-deposit instead of Execution of Decree, whether maintainable Held, maintainable Execution not mandatory for payment of Decree- debt-But Notice must be issued to Defendants, if payments made out of funds deposited by Garnishee - Execution is procedural option and can be dispensed with in appropriate cases - Application allowed Registry directed to issue Cheque to Plaintiff and intimate Defendants about balance amount available with it.