How to obtain recovery certificate from trial court in execution proceeding
tej
(Querist) 21 July 2013
This query is : Resolved
respected experts
my query is
how to obtain recovery certificate from trial court in execution proceeding
1.trial court passed the judgement and decree
2.Org.defendant filed appeal appeal dismissed with costby first appellnat court and confirmed judgement and decree of trial court.
3.Org. Def filed second appeal same also dismissed
4.Org.Pltff filed execution proceeding and the amount received after contesting the execution proceeding
whether pltff is entitled for recovery certificate from tial court? what happens after the receipt of entire decretal amount ?whether judgement is passed by trial court to attain finality?
thanks in advance
tej
Raj Kumar Makkad
(Expert) 24 July 2013
As the lower court decree has already attained finality and objections against the execution petition have been set aside so the lower court is bound to execute its decree in letter and spirit. Wait for the outcome of pending proceeding.
