An Execution is the end and fruit of the law.
- Here, the term “execution” is used as a accomplishment or judgment or any order passed by any court. Basically the final judgment passed by the court. The execution is either on the side of the plaintiff or defendant. -The execution is held in order to derive the fruit of the final execution to either party. It is a one kind of benefit or relief received by either party from the court for wrongful act done by the respective party.
(i) Janvi filed a case against urmi for a wrongful act done by her further janvi was able to prove in the court the damages she had suffered. Here the court ordered to urmi to compensate for the same. From this we can conclude that the execution was the payment of compensation which became beneficial for the janvi. (ii)In the same way, the person A was walking on the side of the road and the person B who was driving his two-wheeler rashly injured person A, so here basically the person B shall liable to pay compensation for his wrongful act against B.
- A Diravidamanivs Chitradevi and Others[1]
- The respondent filed an suit against petitioner for seeking a permanent injunction on property the court grant the same also the petitioner had not applied for the appeal. On some fine day respondent filed a FIR against petitioner for the violation of injunction, the petitioner threaten them , filed under Sec-151 CPC for seeking the protection.The order passed to grant protection to respondent.
- The question arises that the respondent is not entitled under Sec-151.But the learned counsel for the respondent contends that a decree of permanent injunction is not actually an executable decree in the strict sense of the term and that it is only an enforceable decree. Therefore, according to the learned counsel for the respondent,the Court which passed the decree is also entitled to see to it that the fruits of the decree re enjoyed by the decree-holder.
[1] HC of Madras September 30,2008
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