Concurrent execution of the same decree in multiple courts requires prior permission from the decree court.

Simultaneous execution of the same decree in more than one court is not maintainable unless the court that passed the decree first grants permission. The execution framework allows enforcement by the decree court or, after transfer, by the transferee court, and the Original Side Rules do not bar execution in multiple fora. However, concurrent execution is exceptional because it may prejudice the judgment-debtor, so the decree court retains supervisory control and must be satisfied that such a course is justified before allowing it to proceed. Execution petitions filed without that prior permission were therefore held not maintainable.

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Issues: Whether simultaneous execution petitions to execute the same decree in more than one court are maintainable without obtaining prior permission of the court which passed the decree.

Analysis: The provisions governing execution permit a decree to be executed by the court which passed it or by the transferee court after transfer. The Original Side Rules also contemplate execution on the Original Side and transfer to another court, and do not prohibit execution in more than one court. However, concurrent execution is an exceptional course because it may prejudice the judgment-debtor if the same decree is pursued simultaneously in multiple fora. The court which passed the decree retains control over execution and must be satisfied, on an application seeking permission, that concurrent execution is justified before such process is allowed to proceed.

Conclusion: Prior permission of the court that passed the decree is necessary for simultaneous execution in more than one court, and the execution petitions filed without such permission were not maintainable.

Ratio Decidendi: Concurrent execution of the same decree in more than one court is permissible only under an order of the court that passed the decree, which retains supervisory control and must grant permission before such execution can proceed.

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