SURESH KUMAR JAIN Vs. HULASH CHAND JAIN

JUDGEMENT

(1.) By way of the present review application, being RVW 10 of 2022, the review applicants seek review of the Judgement and Order of this Bench dtd. 11/2/2022 in GA No. 1 of 2021 and GA No. 2 of 2021 with APOT 4 of 2021 and APOT 141 of 2021 By the said Judgement and Order this Bench was pleased to, inter alia, hold as follows:-

(2.) The review applicants submit that the Hon'ble Division Bench failed to appreciate the principle of law that a decree can be executed in more than one place. Relying on the authority reported in AIR 1970 SC 1525, the review applicants submit that simultaneous execution proceedings in more than one place is permitted.

(3.) It is submitted that Sec. 39 of the Code of Civil Procedure also permits simultaneous execution of a decree. It is argued that following the above noted principles, an Arbitral Award can be executed anywhere in the country. Therefore, the review applicants, who are also beneficiaries of a common Arbitral Award, are entitled to execute the same at Courts in Jodhpur, Rajasthan where the properties are situated.