https://www.taxtmi.com/caselaws?id=101458 A mortgage decree may be treated as executable where, on its true construction, it is partly final and partly preliminary and the judgment with the operative decree authorises execution against the mortgaged immovable property; the absence of a separate formal final decree does not by itself render execution a nullity. Objections to executability or sale raised only at a late execution stage may be barred by constructive res judicata, waiver and estoppel when they could have been taken earlier, and a sale will not be set aside without proof of substantial injury. After a company's dissolution, directors or shareholders cannot maintain proceedings without authority, while a secured creditor may proceed against mortgaged assets in execution where permitted. en-us Sat, 29 Nov 1986 00:00:00 +0530 Thu, 09 Feb 2012 17:54:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101458 A mortgage decree may be treated as executable where, on its true construction, it is partly final and partly preliminary and the judgment with the operative decree authorises execution against the mortgaged immovable property; the absence of a separate formal final decree does not by itself render execution a nullity. Objections to executability or sale raised only at a late execution stage may be barred by constructive res judicata, waiver and estoppel when they could have been taken earlier, and a sale will not be set aside without proof of substantial injury. After a company's dissolution, directors or shareholders cannot maintain proceedings without authority, while a secured creditor may proceed against mortgaged assets in execution where permitted. Case-Laws Companies Law Sat, 29 Nov 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101458