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narinder_6in   01 August 2012

Limitation period

An order was passed by a lower court for eviction of a shop in Delhi.  The tennant approached the High Court in an appeal against that order.  The high Court dismissed the appeal of the tennant.  What is the procedure to get the shop evicted now?  Do I have to come back to the same lower court with the order of the high court and start the same petition again or file a fresh petition for eviction in the lower court placing the order of high court before them.  Further, what is the time period within which I can start the proceedings after the order of high court (any limitation period)?  Please advise



Learning

 2 Replies

Dr J C Vashista (Advocate)     02 August 2012

File execution petition before ARC (lower court) any day within 12 years 

Ajit Singh Cheema (practising Advocate)     02 August 2012

Limitation Period 12 years.The trial court has to execute the decree /court orders.As such put in your Execution Petition in the trial court The limitation period  for execution , under Article 136 (Descripttion of suit ), under the schedule - Period of Limitation -attached with the Limitation Act - prescribes as- For the Execution of any decree (other than a decree granting a mandatory injunction ) or order of any  civil court as TWELVE YEARS.


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