Sagar 05 September 2015

Incorrect execution on court judgment order

Hi,

CASE TYPE:- CIVIL B.T. & A. L. Act

In regarding our case in the court of Konkan Divisional Commisioner, Mumbai, an oder is passed in favour of us in year 2013. But till date there has been delay in the execution of order & the way it interpreted is incorrect. So even after order instruct talathi to correct M.E. in accordance with the servey numbers specified in the Registered WILL. Talathi refusing executing it in correct way as specified in WILL, giving the reason of incorrect villiage maps/servey numbers in their records & it has to be corrected first through civil court order which we need to get first. I have been following Konkan Divisional Commissioner & lower department several times. given serveral requests/written applications & notices to them but nothing happen. So can someone advise me what can be done in this case?

Can i file a execution appeal in the High Court for same?

or can i file harrassment case under section 81 of CPC?

Please suggest me on same?

Thanks & Regards,

Sagar

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3 Replies

Adv. Digvijay R Singh (ADVOCATE-PRACTICING) 05 September 2015

contents of the order are necessary to be seen...

Sagar 06 September 2015

Hi, Thanks for your reply. First i need to know, 1. What action could be taken in case execution is not done as per specified in the Order? 2. Can i do it in mumbai high court if the court/department which gave the order is not executing it in correct way? 3. Since it already 2 year past since order placed. how long/period it would take to get it executed through HiGH Court(Normal execution period)? 4. Want to know the an advocate expertise in handling tenancy land cased in high court? Please answer above questions first. Regards, Sagar Patkar

Adv. Digvijay R Singh (ADVOCATE-PRACTICING) 06 September 2015

the execution proceedings are filed before the trial court which passed the order and hence you need to first consider where you can find the execution proceedings...as to the time period it cannot be said how much time it will take in exeuction of the order...you can approach High Court only if aggrieved by any order (provided the appeal provision is not there in which case you can file appeal against such order before the appellate forum) by way of Writ Petition...