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rajiv (self employed)     13 August 2015

Execution petition after decree

Dear Sir / Ma'am,

I have been awarded a decree in my favor for a vacant land in 2005 after which we left the property in as is where is condition till date. Do i have to obtain an execution decree 'is there any think like getting the decree executed', before constructing in the vacant site or selling the property to another party? Thank you for any advise.

rajiv



Learning

 4 Replies

saravanan s (legal advisor)     13 August 2015

what case you filed and what judgement you got?

another thing is what is the present state of the vacant plot?

 

rajiv (self employed)     13 August 2015

Dear sir, thank you for the reply

* Decree
the suit has been decreed that the alleged document on which the respondent has been relying upon, has been cancelled to the extent of the share of the plaintiff in the said property is concerned.

permanent injunction is granted to the plaintiff restraining the defendants and their men from interfering with the schedule property to the extent that the share of the plaintiff is concerned

that there be no costs

*** Note: defendant / respondent has not filed an appeal ever since ****

Present status

*the present state of the vacant land is 'just lying vacant'. However the defendant has planted a notice board on the property prior to filing of the suit claiming ownership. Although the decree has been granted in favor of plaintiff the notice board has remained in place as the plaintiff is out of the country and has not taken any action to remove the notice board.

Kindly advise

saravanan s (legal advisor)     19 August 2015

from your reply i understand that you had got a decree and obtained an permanent injunction over your share in the property which means that your share in the property is defined.

now based on the judgement copy you need to register it on your name.have you done that.

if so just knock down the board at the site and start your construction work

rajiv (self employed)     20 August 2015

Thank you sir, for the reply and advise.

I haven't registered it again, since the property devlolved upon me via registered partition deed. The legal dispute started after the registered partition deed was executed. Hence we approached the court and were granted an order in our favor. 

regards,


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