Suit for Declaration--Setting Aside of Decree--Declaratory Decree Can't Be Set Aside Merely Because Plaintiff Didn't Seek Its Execution
Non-execution of a declaratory decree cannot justify a 31-year delay in filing an appeal against it. Where the decree-holder is already in possession of the suit property, execution of the decree is not incumbent upon him. There is no presumption that possession of the property remained with the defendants after passing of the decree. A declaratory decree cannot be set aside solely on the ground that the decree-holder did not seek execution.
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