Property land dispute
ANTONY JOSEPH
(Querist) 15 December 2011
This query is : Resolved
DEAR SIR / MADAM
MY FATHER PURCHASED ONE LAND IN 1961 , ANOTHER PARTY HAS FILED THE CASE AGAINST US ON 1984. HE WON THE CASE IS DISTRICT MUNSSIF LOWER COURT ON 1991.
AGAIN WE HAVE 1ST APPEALED IN DISTRICT MUNSIF AND AGAIN THE APPEAL DISMISSED ON 1995.
AGAIN WE HAVE 2ND APPEALED IN MADURAI HIGH COURT, AGAIN THE APPEAL DISMISSED ON 2008.
AFTER THAT THE OPPOSITE PARTY APONPROACHED THE LOWER COURT THROUGH EP PETTISION
IN THE EP PETTISION , HONOURABLE JUDGE GIVEN JUDGEMENT FAVOUR OF US AND THE OPPOSITE PARTY EP PETTISION DISMISSED, AGAINST THE LIMITATION ACT BARRED MORE THAN 12 YEARS FROM LOWER COURT JUDGEMENT .
NOW THE OPPOSITE PARTY APPELAED IN HIGH COURT. AND THE OPPOSITY PARTY ADVOCATE IS TELLING THE LIMITATION SHOULD BE CALCULATED FROM 2ND APPEAL HIGH COURT JUDGEMENT, AND ALSO IN EARLIER 2ND APPEAL WE HAVE TAKEN STAY ORDER FOR THE CASE.
WE ARE USING THE PROPERTY FROM 1961 AROUND 50 YEARS.
kINDLY GIVE YOUR SUGGESTION AND GUIDELINES FOR WINNING THE CASE.
Nadeem Qureshi
(Expert) 16 December 2011
Dear Anthony
Limitation for execution of Decree starts when the Decree Holder Get the copy of Decree, not second appeal.
feel free to call
ANTONY JOSEPH
(Querist) 16 December 2011
Thank you very much Sir.
One more Question, In the 2nd appeal if we have taken Stay Order, Is it will affect the limitation Period ?
kindly give the suggestion.
Raj Kumar Makkad
(Expert) 16 December 2011
I do not agree with Nadeem. The original case in appeal also remains alive and once it is decided by appellate court, the limitation of filing execution petition do not start. Execution petition can be filed after final decision by appellate court and in the given case the approach of lower court is erroneous.
prabhakar singh
(Expert) 17 December 2011
You might be using the property for any length of years is of no use when the opposite party has won the case.
Limitation for any decree starts to run from the date its achieved finality.
You your self state during your first and second appeals the operation of the decree was suspended due to grant of stay in your favor then obviously it's operation would start from the date you loosed your second appeal in the High Court.
Then 12 years from the judgement of High Court in the Second Appeal is the real way of counting limitation.
