Execution of decree
CHARAN SINGH
(Querist) 18 January 2015
This query is : Resolved
A, B and C are three brothers, respectively Elder Middle and Younger. Their mother owned a three storied house constructed through her own earnings. She made a will for her house stating that all the three brothers are jointly owners of the house after her death. After her death, A filed a civil suit in civil court stating that the other two brothers depriving him of his share and court should intervene to get his share in the property. B and C replied and filed written statement in the civil court. An amin commission was deputed by the court and he submitted his report. After that, all the three brothers filed a compromise as per report of amin commission stating that ground floor is occupied by Mr. A, first floor is occupied by Mr. B and second floor is occupied by Mr. C and all the three brothers are agreed to take the floors in possession of them to be their share in the property. The court decree the case as per their compromise. But, the possession of the second floor actually was of the son of Mr. A and he is not giving possession to Mr. C. Around 10 years have passed, now Mr. C wants to get possession of second floor which is in possession of son of Mr. A. Whether any case for execution of decree is helpful to Mr. C or what is the remedy available to Mr. C for getting possession of second floor?
P. Venu
(Expert) 19 January 2015
Execution Perdition could be filed for a compromise decree, but within the perod of limitation.
ajay sethi
(Expert) 19 January 2015
once consent decree has been passed it would be binding on all the brothers . if C was not given possession of second floor for period of 10 years why did he not take out execution proceedings ?
Rajendra K Goyal
(Expert) 19 January 2015
C should have started execution proceedings. Now he should consult local lawyer and show him all the documents.
Dr J C Vashista
(Expert) 21 January 2015
Why did C kept silent for 10 long years?
T. Kalaiselvan, Advocate
(Expert) 21 January 2015
Execution petition on partition suits can be filed anytime, there is no limitation for it. You can go ahead with an EP now also.
