My decree is sufficient for ep(execution petition) or not?
manoj somavanshi
(Querist) 12 April 2012
This query is : Resolved
Case History of O.S NO.03/1999
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1.Original suit filed at senior Division court by Plaintiffs-as suite for declaration of title with perpetual Injunction restraining the Defendants from interfering and obstructing into the land Vide sale deed dated 04-04-1978.
2.W.S submitted by the Defendants—Calming land Vide Sale deed Dated:09-11-1965.
3.As per Plaintiffs—Agricultural land with Revenue Assessment and mutation.
4.As per Defendants —Non-agricultural land with TMC Assessment and Mutation.
5.The suit property is an actual a Agricultural land and which is not converted into an Non-agricultural land by the concerned competent authority.
6.OS NO 03/1999 – IA NO. I,II,,III and IV obtained by the plaintiffs, and also a STAY order dated 30-12-1998 obtained by the plaintiffs.
7.OS NO .03/1999 –IA NO. II and V obtained by the defendant and the above said STAY order is vacated by the defendants on dated
07-02-2002 and illegal possession made by the Defendants on the suit property
8.Actual possession of the plaintiffs , over the suit property is since from beginning of the purchase dated 04-04-1978 to the period of 22 years to the date 07-02-2002—previous to this from the land owner from whom plaintiffs purchased the property sale deed dated 13-04-1966 –12 years possession of the mother land owner so total 34 years of possession.
9. Issues framed 4 and one (1) additional issue.
1. Plaintiffs joint ownership and possession.
2. Pliantiffs entitlement
3. Defedants ownership and possession.
4. order/degree.
additional issue of Alternative relief of decree to the plaintiffs declaring the plaintiffs joint ownership and possession on suit property.
10. Plaintiffs true and prompt witness PW1 TO PW4 conducted in favor of plaintiffs.
11. Defedantents false and poor and also loose witness DW1 TO DW3 conducted and they are also in favor of plaintiffs.
12. Written argument submitted by plaintiffs.
13. judgement/Decree made against plaintiffs allowing defendants W.S and counter claim over suit property rejecting plaintiff’s
ownership And possession over the suit property of long possession of 34 years by the plaintiffs.
14. Appeal made at the district Fast Track court by the plaintiff.
15. Amended plaint-II -(3) (a) Relief of Recovery of possession -Alternative relief of the suit property from the defendants--
Amended plaint submitted and approved -Additional issue Alternative relief framed.
16.Strong argument made by the plaintiff and written argument is submitted by the plaintiffs.
17.Now,judgement is made in favor of plaintiffs allowing their plaint as -prayed and rejecting the Impugned Judgment /decree passed by
the LOWER COURT in favor of defendants--duly set aseideing the W.S and counter claim of the defendants over the suit property.
18. Further appeal made by the defendants in High Court.
19. Further appeal of defendants is defended by the plaintiffs but no KAVET is obtained by the plaintiffs---(now defendants).
20.The appeal of defendants (now as plaintiffs) at HIGH COURT is kept for completion and correction(scrutiny) of the queries made by the
said HIGH COURT and the allotted period if six(6) weeks is also over and the present status is case is adjourned on 07-03-12 to further date.
Please suggest proper legal advice to plaintiffs---(now defendants)about following queries:
1.Additional issue Alternative relief for Recovery of possession is framed and approved but the same is not discussed in the argument
and separate relief order in the judgment is not passed hence what steps to be taken by plaintiffs(now as defendants)?
2.In Judgment the suit of appellant as appealed is allowed and appellant is decreed as prayed the two legal benefits of judgment may just sufficient to apply for EP(execution petition) or not?
ajay sethi
(Expert) 12 April 2012
please be brief and to the point . summarise your case in brief .
go by your lawyers advise as it is necessary to go through the case papers
manoj somavanshi
(Querist) 13 April 2012
Hi sir
I have just tried to Explain the facts about my case.
I want Expert advice on said case is that, Even after getting decree in my favor in lower court and Additional issue Alternative relief for Recovery of possession is framed and approved but the same is not discussed in the argument and as well as separate relief order in the judgment is not passed so what is the next step to take possession on my land based on the court decree?
As a plaintiff (now as defendants) should i apply for EP ? as in Judgment the suit of appellant as appealed is allowed and appellant is decreed as prayed.
The Defendants (now as plaintiff) is in illegal possession of the said land and in HIGH COURT their appeal is pending due to insufficient ocuments as well as some queries asked by the HIGH COURT is not answered by Defendants lawyers (Six week time period of court is also over).
Indirectly Defendants (now as plaintiff) is enjoying his illegal possession of the said land from 2002 while this issue is going on in the lower court.
Please help me on this.
V R SHROFF
(Expert) 13 April 2012
What you want?? be clear
What is ur prayer??
manoj somavanshi
(Querist) 13 April 2012
As a plaintiff our pray is as below.
1.decleration of injunction for Plaintiffs joint ownership and possession and entitlement of property.
2.additional issue of Alternative relief of decree to the plaintiffs declaring the plaintiffs joint ownership and possession on suit property.
3.Amended plaint-II - Relief of Recovery of possession -Alternative relief of the suit property from the defendants.
manoj somavanshi
(Querist) 19 April 2012
Can any one help me on this ? i am waiting for reply from experts
