Whether we can execute decree twice?
AAK
(Querist) 09 August 2011
This query is : Resolved
I have filed suit for possession for my client. the same is came to be decreed. got executed the decree. after a week again lost the possession. i have filed tresspass case but dint got possession. Now my question is whether decree can be executed twice? is there any bar? if so which is the proviso? or is the any efficious remedy available except filing separate suit...
ESTHERPRIYA
(Expert) 09 August 2011
You can file an application in the E.P. or go for contempt proceedings against the person who has exceeded the court order.
Raj Kumar Makkad
(Expert) 09 August 2011
The only efficacious remedy is filing an application under order 39 Rule 2A read with section 151 of CPC. Possession can be retained by this means but there is a danger in this path. We admit the possession of the respondent by filing this petition. If one cannot retain his possession one time, it is possible that he may face similar position next time so it can also be done to sell/lease/give on rent etc. to some forceful person who shall get possession from the party snatching possession s in papers you are in possession. It is upto you now to decide better way keeping and assessing yours reach.
M V Gupta
(Expert) 10 August 2011
If there was an injunction in the decree, and if the person who has deprived ur client of his possession is the person against whom the injunction is passed, u may consider filing an application for contempt of Court also.
