Declaratory Decree--Non-Execution--Failure to Execute Decree Cannot Justify Inordinate Delay in Challenging It Where Decree-Holder Remains in Possession
Non-execution of a declaratory decree cannot justify a delayed challenge to that decree, particularly where the decree-holder is already in possession of the suit property. A plaintiff holding a declaratory decree and in possession of the property is under no obligation to seek execution. There is no presumption that possession reverted to the defendants after passing of the decree. A declaratory decree cannot be set aside merely on the ground of non-execution where continued possession of the defendants has not been substantiated.
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