Execution of the decree
Querist :
Anonymous
(Querist) 21 September 2010
This query is : Resolved
Respected experts,
After losing title suit, the defendants preferred appeal after one yr. from judgments with a application for condoning the delay, which is awaiting admission, also they are pulling this.
On the other hand after 4 months from judgments the plaintiffs (decree holder) filed for Execution of the decree and got the notice duly served to defendants, but they are not appearing and 4 months have passed from notice date.
In this situation plz. Suggest ,
What plaintiffs (decree holder) should do in Execution of the decree case?
What is the procedure and will it be appropriate for Ex-Parte move?
Thanks and Regards,
Devajyoti Barman
(Expert) 21 September 2010
Since before the disposal of the petition u/s 5 of the Limitation Act, the Appeal is not going to be admitted and no Stay is in place either, the Executing Court is not handicapped to proceed with the execution of the decree. If the service of summons is complete, then the execution case can be heard ex parte. So you act accordingly.
Querist :
Anonymous
(Querist) 21 September 2010
Resoected sir,
Many Many thanks for prompt answer. I was waiting for the appeal. Can they get stay on execution by any other way.
Thanks and regds.
Chanchal Nag Chowdhury
(Expert) 21 September 2010
File an application under Art.227 of the constitution before the HC.
As regards stay there is no other way but to get it from court.
manoj r. dubey
(Expert) 21 September 2010
they can only get a stay if they take out a notice of motion in the suit for setting aside the decree order. regarding your execution application if the summons report is served u have to file affidavit of service stating the report of the baliff. for ex-par tee hearing u have to prove that u have done a proper service or not whether u have published the summons in the newspaper or not reply this to me then i will help u further
niranjan
(Expert) 21 September 2010
I also agree with Mr. Barman.
Querist :
Anonymous
(Querist) 22 September 2010
Resoected experts,
Many Many thanks for prompt answers. Notice has been sent by the court thro' registered post with acknowledgment attached at the addresses provided by them in the suit.
Thanks and regds.
