Execution petition in court ?
Siddhi Agarwal
(Querist) 01 May 2012
This query is : Resolved
I have filed a Execution Petition in City Civil Court at Mumbai in 2011 as the defendants did not honor the order passed under consent terms in 2009. Execution Petition is now pending for hearing and disposal but the defendants are objecting to the Consent Terms agreed upon and filed by them due to ulterior motives.
Are the consent terms filed in court binding on all the defendants ?
Experts pl. advice and guide the course of action.
Devajyoti Barman
(Expert) 01 May 2012
1. The compromise petition is binding upon the parties who are signatory to this.
If all defendants have signed then all of them are responsible to abide by it.
2. You have another option of filing petition of contempt of court before the high court.
venkatesh Rao
(Expert) 02 May 2012
The defendants are estopped from objecting now. The court is executing court and cannot go behind the decree even if it is the same court which granted the decree. The objections can be set aside in limine. Just because they are objecting the execution of decree, it cannot be said that they are committing contempt. Filing of execution petition is a mode of reaping the fruits of decree.
Shonee Kapoor
(Expert) 04 May 2012
Agree with Ld. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
