- (1.) The misery of the judgment debtor starts after a decree passed is what manifested in this proceeding.
(2.) A decree passed in a proceeding initiated under Chapter 13A of the Rules on the Original Side of this Court upheld by the Hon'ble Division Bench and a Special Leave Petition preferred by the judgment debtor against such decree was dismissed by the Hon'ble Supreme Court, still, the decree could not be executed in view of this ingenuous application filed by the defendant judgment debtor alleging that the decree is a nullity.
(3.) When the application for execution of the decree of the Appellate Court was filed before this Court the judgment debtor came up with a plea of thika tenancy to resist a decree which has since affirmed and has attained finality.;