How Will decree of measurements and falanibara will be executed
what is the procedure under which section executed
Hello sir, greetings of the day.
As per your query, let me explain to you what does the expressions decree and execution mean in the first place. ‘Execution' means enforcement of the order which is passed by the Court. “Decree” means conclusiveness of a judgment. Thus the execution of a Decree gets complete when the decree-holder gets satisfied as to its enforcement against the judgment-debtor that means after receiving the awarded amount or property. To enjoy the benefits of a decree, execution proceedings, which is an Application under Order XXI of the Code of Civil Procedure, 1908 (CPC) must be filed before the appropriate court/authority within 12 years from the date of Decree.
The procedure of Execution of decree
A written application must be filed in the court that originally passed the decree.
It should contain all the essential information such as suit number, name of parties, date of the decree, etc.
On filing the Application a lodging number will be provided for raising of defects.
On raising of defects, the Decree holder must remove all defects and get the same certified by the registry.
After the executing court has satisfied itself that all defects, it finally gives a number to the Application for further movement. On obtaining of a final number to the Application, a show-cause notice is issued by the registry to the judgment debtor.
If the person to whom the notice is issued under rule 22 does not appear or does not show cause to the satisfaction of the court why the Decree should not be executed, the court shall order the Decree to be executed, by the issuance of Warrant of Sale and/or Warrant of Attachment.
Once after the court has decided upon the claims or objections (if any), raised by the judgment debtor, against the execution of a decree, the DH shall move an application requesting attachment of immovable property preceding the sale.
Once the Warrant of Attachment is issued, the same be drawn in writing and posted at a conspicuous place adjacent to the immovable property in question, and also at collector's office if the said property is a land paying revenue to the government.
Based on the report submitted by the bailiff of Sheriff office, the registry shall issue a Warrant of Sale order in the name of the bailiff to publicly auction as per the details mentioned in the warrant on the date and place specified and report back to court with an endorsement certifying how sale has been executed or the reason why it has not been executed
Hope this solves your query.
Regards
Nirali Nayak
Law Student
