Execution of decree.
deepak
(Querist) 01 May 2012
This query is : Resolved
"SUIT PREMISES IS SHOP". MY Judgement date 20/2/2010."Suit stand decree with cost ,defendant are hereby restrained by order of injunction from working & conducting saloon business in the suit shop".Issues & Finding,1)DO PLAINTIFFS PROVE THEIR RIGHT,TITLE &INTEREST OVER SUIT PROPERTY? Ans:YES. 2)DO PLAINTIFFS PROVE THAT DEFENDANTS ARE IN PERMISSIVE POSSESSION OF SUIT PROPERTY? Ans:YES.3)DO DEFENDANTS PROVE THAT THEY ARE POSSESSING SUIT PROPERTY IN THEIR INDEPENDENT CAPACITY AS TENANT? Ans:NO. 4)DO PLAINTIFFS PROVE THAT THEY OWN THE ENTIRE MATERIAL OF THE SUIT SHOP? Ans: NO.5)WHETHER PLAINTIFFS ARE ENTITLED FOR THE RELIEFS CLAIMED? Ans: YES.6) WHAT ORDER &COST?Ans:AS PER FINAL ORDER. First appeal in highcourt is CONDITION stay TO PAY XYZ within eight weeks. APPALLANT HAS NOT PAY THE XYZ. AMOUNT THAN WHAT HAPPEN TO MY XYZ AMOUNT WHICH IS BIG? CAN I GET THAT AMOUNT IF YES,HOW?I have asked warrant of attachment under order xxi rule 32(1) of the code if civil procedure,1908.For execution of decree
Devajyoti Barman
(Expert) 01 May 2012
Apply in the High Court for vacating the order of stay on the ground of non compliance of its order.
Then file execution case and apply for attachment of his property.
ajay sethi
(Expert) 01 May 2012
since appeal is pending you cnanot proceed with execution of decree . only if appeal is dismissed will you be able to proceed with execution of decree .
draw the attention of appellate court to the fact that appellant has not complied with order for deposit of money . hence appeal may be dismissed
Shonee Kapoor
(Expert) 03 May 2012
I agree with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
dev kapoor
(Expert) 04 May 2012
Hi,
I add.In some H/Cs there is a proper roster for listing cases of 'particular years'.In that event your case is likely to be delayed.The HCs observe a system of "Urgency Memo" in cases of emergent & urgent nature & the advocate had to make a "mention" before the Chief Justice or concerned Judge & get the case listed at an early stage in exception to the usual listing.You may consult your advocate for this Urgency Memo.
