Execution of Decree under Consent Terms ?

Querist : Anonymous (Querist) 19 April 2011 This query is : Resolved

Our father died intestate and in 2009 in a case filed by me in the City Civil Court at Mumbai all the legal heirs consented that the two flats owned by him are to be sold out to highest offerer and sale proceed to be distributed amongst legal heirs under consent terms. However family of two legal heirs occupying the two flats did not move ahead as per order and created hurdles and harrased me resulting in delay of 12 months. I have a dcree in hand and will file an Exeution Petition and have following queries:

1) Execution Petition is to be addressed to whom i.e. Registrar of City Civil Court or to the court ?

2) Can I claim damages from the occupants of the two flats amounting to Rs. 10Lacs for delaying the matter ?

3) Value of judicial stamps, if any required to be fixed ?

Pl. guide and help as I am a retired person and intend to file the Execution Petition on my own.

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Advocate Bhartesh goyal (Expert) 19 April 2011
{1}Execution Petition is to be addressed to the court.
{2} You can not claim damages in execution petition.
{3 you can file execution petition on your own but with the help and guidence of Advocate.

manoj r. dubey (Expert) 19 April 2011
if the said suit was decreed on the basis of consent terms which was filed in the court and if the same order is not followed u can file a contempt petition against them.

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