Query on Execution Petition
Sridhar
(Querist) 27 January 2010
This query is : Resolved
Dear Sir,
I asked my lawyer to quote the citations given in this forum with respect to "whether executing court has jurisdiction to alter or amend or add to the decree".
He is apprehensive to quote these citations saying that it might adversely effect the case as consumer forum are more interested in disposing the case than looking into the root cause of the issue and also says that our complaint on which we got a decree was weak and judge might ask few questions which would put us in trouble again.
In this regard can you please let me know
1.Whether judge can again go to the complaint instead of the decree passed and dismiss the EP?
2.What if the EP is dismissed again?please note that first EP is dismissed and builder upon interpreting the first EP dismissal order is asking for Rs 40lakhs as various charges for registering the flat when the decree clearly says that i need to pay only difference in stamp duty and registration?
3.What courts can i appeal if EP order is adverse or if its dismissed again?
Our EP is scheduled for hearing tomorrow morning (28/01/2010) in State forum,Karnataka.
Regards
Sridhar
Raj Kumar Makkad
(Expert) 27 January 2010
1. No. He has got no jurisdiction to go behind the decree to be executed and he cannot dismiss the impugned decree in any way.
2. Execution petition was not dismissed rather it was disposed off because the builder had become ready to charge only difference etc. so this dismissal shall not come in the way of getting executed the impugned decree. You can also file a contemp of court against such builder who did not obey even his undertaking due to which the earlier EP had been disposed off.
3. Though EP cannot be dismissed and even if an illegal order is passed against you then National Consumer commission.
Sridhar
(Querist) 27 January 2010
Dear Raj Kumar Sir,
Please find the attached decree and EP dismissal orders.
EP that was dismissed has wordings clearly mentioning "EP is dismissed".I think we are victims of illegal dismissal.
Just based on the builder's words the first EP was dismissed and nothing about the pending highcourt is asked from the builder and nothing is listened from our councel.
Can you please have a look at the both orders and let me know what is the best way out?
Regards
Sridhar
N RAMESH.
(Expert) 27 January 2010
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