execution
shrikant chavan
(Querist) 27 October 2009
This query is : Resolved
the suit for partition and injunction filed and same is decreed bythe lower court, the same decree has upheld by Hon'ble Apex Court.
In the said suit adoption deed was challenged, but it was registered so it was held legal and executable. Now i have filed second suit in respect of the same matter in which i have contested that the decree passed and upheld by the Apex court on the adoption deed and same is made by fraud.
now execution of the Apex court order is simulteniouly going on and the hearing of new case also.
so my question is that:
1. can i stay the execution if yes then how and pls refer any case law?
2. can i contest in the execution proceeding that the some property included in the decree is not joint family property?
3. can i offer payment for their share of the property whhich partted in favour of decree holder?
pls answer its very urgent.
Raj Kumar Makkad
(Expert) 27 October 2009
The verdict of SC shall prevail in your case and yuur case is barred under section 11 of CPC as the same issues are involved in the subsequent suit. Executing court cannot go behind the decree so there is no scope to raise new question there as that court cannot give its finding in the execution proceedings. If opposite party is agree only then u can satisfy him by offering money instead of share. It fully depends upon him.
adv. rajeev ( rajoo )
(Expert) 03 November 2009
Iagree with Raj, sec 11 Res Judicta is applicable to ur case.
Now u cannot contest in the exeuction petition regarding remained properties.
Sachin Bhatia
(Expert) 03 November 2009
Agreed with the above opinions
