Execution
Neeraj Kaushal
(Querist) 26 September 2010
This query is : Resolved
i have filed a Civil Suit for possession , which was decreed on 1997,time for taking possession through execution petition is barred now , my execution petition is time barred now because 12 years have been passed , what can i do for taking possession ,is there any relief in C.P.C. or other act , help me ,
Khaleel Ahmed Mohammed
(Expert) 26 September 2010
File a execution petition with condonation of delay. Mention all reasons for non filing E.P . The court will decide the matter.
s.subramanian
(Expert) 26 September 2010
I totally disagree with the view of Mr.Khaleel. Sec.5 of the Limitation Act cannot be invoked in proceedings under Order 21 of CPC.You cannot also file a fresh suit since the same will be barred by res judicata.You better consult some local lawyer who can suggest some means to proceed with the matter.
Vinod Singh Tomar
(Expert) 27 September 2010
I agree with Khaleel Ahmed. Delay can be condoned subject to sufficient cause/satisfactory reasons.
rajnish Sharma
(Expert) 27 September 2010
I totally disagree with the view of Mr.Khaleel.because the provisions of limitation are not applicable to condone the delay in filing the execution proceeding because as per the law the person who is in possession be claim the title on the basis of adverse possession which will be proved by your self by filing the application of condonation of delay while starting the execution proceeding.
sanjay mundada
(Expert) 27 September 2010
silent and continious posession without any objection is necessarey .so do not bother .but in my view with help of prior petition u can file fresh petition.merit will be your side.
Chanchal Nag Chowdhury
(Expert) 27 September 2010
If U have not filed any ex. petition already, forget about executing the decree.
Kumar Krishan Agarwal Advocate
(Expert) 27 September 2010
Change your mind
1. It is better to file a criminal trespass case under sec 447 IPC by the previous person against whom you have got the decree won and get recover the possession make before court that last month the same (he) enter into your building without your knowledge and wrongfully restraining you to enter in to your property.
Annex a copy of the decree of the court to get recover your property.
I hope this method give you what you wanted to.
Neeraj Kaushal
(Querist) 06 October 2010
when we have already knock the door of civil court for decree , criminal proceedings are maintainable and ass per section 447 i can get the possession back,
