Non-compliance of high court order what is the next step to be taken
28-Aug-2023 (In Civil Law)
In a suit for redemption of mortgage, the trial court ordered for redemption of mortgage. This order was challenged by the mortgagee before the High Court, which confirmed the order of the trial court and directed the mortgagee to execute the discharge deed wtihin 90 days from the date of judgment. Mortgagee not complied. Now, should the mortgagor deposit the amount in the court and proceed with execution of decree or should he file contempt of court case before high court?
If the mortgagor ready to file an execution petition before the lower court then he deposit the amount in the court and proceed with execution of decree or the mortgagor can file a contempt proceedings against the mortgagee before the Hon'ble High Court regarding non compliance of high court order proving two points; (a) willful disobedience of judgment debtor to comply with the court orders (b) there is no other alternative for the petitioner to seek relief.
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