Deley in execution
gajraj chandel
(Querist) 22 November 2011
This query is : Resolved
can contempt be filed in high court if the trail court is unable to execute the decree of specific performance of immovable property in time bound period stated in high court order .
Devajyoti Barman
(Expert) 22 November 2011
No, you have to move the trial court by way of applying for Police Help to implement the decree.
prabhakar singh
(Expert) 22 November 2011
Advise is okay but what was the specific relief granted??
Does it involve any possession also.???
gajraj chandel
(Querist) 22 November 2011
specific relief granted was to execute the agreement to sell the land which was disputed from 1959 between myself and JD.due to imperfect title.now the JD has the possession against the allotment letter given to him in 1958 by U.I.T.we only want the registry by the court and the possession he has.on as it is where it is basis.the trail court is letting him to delay on his submitting useless technical issues ,all the issues has been dealt with and dismissed by high court and SC.in order the high court said to end the proses in three months. it is 5 months now.Please advice.
Raj Kumar Makkad
(Expert) 22 November 2011
Even if delay is being caused, you cannot go directly in High Court for this purpose.
prabhakar singh
(Expert) 23 November 2011
What can I advise when court in this condition should itself execute the sale deed on behalf of JD in its right but you say it is entertaining objections already dismissed by High and even Supreme Court.
If your version is truth then the man presiding as executing court must read our opinion for his guidance so that faith in the system which is providing him bread butter and prestige too may be retained.It is not my opinion alone, i have adhered it from observations made by our supreme court time and again.
prabhakar singh
(Expert) 27 November 2011
Once again i missed to get your No no no ..?
Its'second miss.
