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Vijay Bhaskar (Law student)     07 July 2024

Execution petition link to original case

Namaste Sir, May I ask a question on how to know if cost or damages or alimony is paid or not if amount was paid in separate execution petition. For eg. if court directed Respondent to pay certain amount to petitioner and subsequently petitioner filed an execution petition and if Respondent paid the amount via DD before Hon'ble court, the amount thus paid for execution petition is not updated or communicated back to original case which is disposed. Inother words, it would have been good if ecourt website or app provides a link to tie up original case number and execution petition number. (Similar to IA or Bail application is tied up to original case in High court.). Otherwise if Respondent is very aged and lacking knowledge or loses order copy of execution petition, Petitioner with malicious intention can file duplicate Execution petition in same jurisdiction or different one to get double payment which could have been prevented in the first place if both original case and execution petition are linked up in ecourts website or app. May I please ask should'nt there be an option to link up both original case and execution petition for everyone to see.


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     07 July 2024

The execution petition is a case filed to execute the trial court judgment by the decree holder. For filing the execution petition the petitioner/decree holder has to file the certified copy of the judgment and has to mention the decree amount including the costs. Once the respondent pays the entire amount as mentioned in the execution petition, the execution petition stands disposed. The judgment debtor/respondent can obtain a certified copy of the orders passed in the execution petition for his future reference. Besides the ecourts website will be updated with the orders of the EP sooner the same is disposed. There is no necessity to link this EP to the original suit, hence do not be worried by imaginary thoughts/questions.

Shashi Dhara   08 July 2024

They cannot file e. P. twice the court will issue notice to jdr, if they misuse ಯು can bring it to knowledge of court and it takes action against them.

Vijay Bhaskar (Law student)     11 July 2024

Thank you so much for the explanation. Much Gratitude.

T. Kalaiselvan, Advocate (Advocate)     14 July 2024

You are welcome for your appreciations.....


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