Restoration of execution petition
Querist :
Anonymous
(Querist) 06 May 2022
This query is : Resolved
Execution Petition of 2012 - Dismissed APRIL 2022-order - decree copy not filed, no meaning in continuing -dismissed - EP for removal of one feet passage area on all floors as per mediation agreement decree - court commissioner fee paid on record - process fee for commissioner warrant paid in 2021 - defence for restoration - steps to be taken
Advocate Bhartesh goyal
(Expert) 06 May 2022
Execution petition is dismissed due to non compliance of court order ( copy of decree not filed ) for long period.File another E.P.with certifird copy.
Querist :
Anonymous
(Querist) 06 May 2022
Sir, Order 21 Rule 14 to 17, is complied, Court registry given file number, - non submitting of decree copy is a curable defect,- is dismissal legal or it ultra virus - to my knowledge execution petition to be taken to executed, your opinion
Dr J C Vashista
(Expert) 07 May 2022
The registry shall not accept EP without certified copy of decree, which cannot remain on judicial record from 2012 to 2022 as stated, accordingly contention of author require re-verification of facts.
For the sake of arguments, which is otherwise not accepted, when copy of decree is not attached with EP how does Executing Court came to know that the decree / order / judgment under execution pertain to
"...for removal of one feet passage area on all floors as per mediation agreement decree - court commissioner fee paid on record - process fee for commissioner warrant paid in 2021 - defence for restoration..."
as stated in the facts posted in the instant query ??????
Querist :
Anonymous
(Querist) 07 May 2022
Sir, all the facts mentioned are in the order sheet, - request - any apex court precedents, or facts are suffice for defence - request - preferred - civil miscellaneous petition before the same judge or appeal/revision application - personally prefer Civil Misc Application - your opinion please
SHIRISH PAWAR, 7738990900
(Expert) 08 May 2022
Hello,
No need for Apex court precedent for restoration of execution petition. File another execution petition annexing decree copy.
