In short, my question is that are execution proceedings mandatorily required to be concluded before a decree holder may enjoy the fruits of his decree against the judgment debtor OR are execution proceedings only required to be initiated when the judgement debtor fails to comply with the decree.
My query pertains to common law jurisdictions and arbitration, specifically w.r.t. to that in India.
Suppose, one has obtained a decree, or arbitral award for that matter, in his favour, through which the claimant/plaintiff has obtained the title of certain immovable property and also the defendant/respondant has been directed to hand over the possession of the said property to the former. Allow me to add, that this decree/award has been passed with the consent of the defendant/respondant.
Now, supposing that the judgement debtor has complied with the decree, but still the decree holder is required to get the property mutated under his name in municipal/revenue records. Are municipal authorities bound to honour an un-executed decree/award? Are we required to get the decree duly executed by the execution court before it obtains the force of law?