Dear Sir / Ma'am,
Myself and my mother are the decree holders in a civil case. There are 3 judgement debtors in this case. Honourable court gave the judgement in Jan 2017, to restore the land (that was encroached by JDs) to us within 3 months. Almost 5 months passed. JDs did not restore the land to us. Also, we are not sure, whether they have gone for appeal to the higher courts, or got a stay on execution. We have not received any notice as such.
We have filed for an Execution Petition to restore the land (that was encroached by JDs), in the same court where we got the decree. Honourable court issued notice to the 3 judgement debtors, and we got to know while serving these notices, that JD-2 was died recently. JDs had chosen another advocate and I could see the latest status of this EP status as ".... Advocate filed vakalat for JDR-1 and JDR-3.For counter of JDR-1 and JDR-3 and steps against JDR-2 as died,call on ..."
Our land was encroached by JDs and merged into the land of JD-1 and JD-3. All of the 3 Judgement Debtors are relatives. JD-1 is the brother of JD-3 and JD-2 is the husband of JD-3. Since JD-2 was actively involved in this encroachment, his name was added to the suite, and he does not have land adjacent to our land that is in the scope of this suite.
Now, my request for clarifications are:
1) Does the plaintiffs or decree holders need to take the steps against JDR-2 as he died? Or, the defendants or JDs need to take the steps?
2) Since, JDR-2 is not owning the adjacent land to us; and part our land was enroached and merged into his wife's (JDR-3) land, and the remaing part of our land was enroached and merged into his brother in law's (JDR-1) land, do we need to add the children of JDR-2 as the legal representatives to the EP? Also, JDR-2's wife (JDR-3) is already part of the orignial suite and EP. Can't she (JDR-3) be considered as the legal heir to JDR-2?
3) What are the other possibilities for the JDs to drag this case for so long? Already, It was dragged for about 5 years.
4) What are the other possibilities for the decree holders to restore the land sooner? This land is being used for passage for the remaining land of about 10 acres and cultivation operations are drastically impacted due to the passage encroachment.
Kindly clarify thess as soon as possible. Thank you,
Regards,
Dinesh
