Execution of Decree

Querist : Anonymous (Querist) 09 January 2010 This query is : Resolved
Respected Experts,
I was plaintiff in a Title Suit (filed at Hon’ble Subordinate Judge), which was also for recovery of possession through process of the court. Judgment passed in my favour. After six months of judgment, I filed for execution suit (notice has not been served yet but will be served shortly). Which is pending in the court? Opposite party (judgment debtor) have not filed appeal till now (9 months are over). Recently when we were out of town, they (Opposite party) have done some construction (Raised an enclosure wall) on the suit land. Now will this construction has any effect on execution? Should I inform the court about this construction? What else should I do? Thanks to all.

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Arvind Singh Chauhan (Expert) 09 January 2010
Inform the court and seek contempt proceeding.

Raj Kumar Makkad (Expert) 09 January 2010
Even if you do not inform court about it, it shall not harm you because the possession of the property is to be delievered to you in the condition as and where so dont be confused and try to get the eviction orders as soon as possible.

kranthi kiran (Expert) 09 January 2010
The posssession of the Suit Proprty will be delivered to you by the Court Officer. If you have objection regarding the construction, you can seek the court to order for demolishing the same. The costs of such demolishon can be recovered from the J.Dr as he has constructed the same after the institutuion of suit. The constructions prevailing over the suit land (constructed well prior to the institutuion of the suit), will be vacated and handed over to you.

Querist : Anonymous (Querist) 09 January 2010
My great regard and heartiest Thanks to everyone.

B K Raghavendra Rao (Expert) 09 January 2010

Judgement Debtor has undertaken construction at his own risk and costs. You are not affected by it. If you wish to retain the raised portion of the enclosure, you may do so.

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