Raj D 22 July 2024

Question regarding execution of decree of lower court after appeal is dismissed in high court

Dear members. Greetings.

We had filed a case in CAT tribunal which was decided in our favour on 10th November 2023.

The losing party appealed in hon'ble high court in 20th February, challenging the verdict. The appeal was dismissed by the Hon'ble high court on 13th June 2024.

None of the courts have specified timeline to implement the order.

Question: Should I wait for three onths counting from the date of high court decision for implementation of CAT's order? Or, should I file an execution petition in high court or CAT?

Any additional suggestion/guidance for speedy implementation of order would be much appreciated. Thanks & Regards.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 July 2024

If an appeal in the High Court is dismissed, the next step would be to file an execution petition to enforce the original decree or order. The timeline for filing an execution petition varies depending on the jurisdiction and the specific circumstances of the case. However, here are some general guidelines: - In India, an execution petition can be filed within 12 years from the date of the decree or order, as per the Limitation Act, 1963. - If the High Court dismisses the appeal, the petitioner may need to wait for the order to become final, which typically takes a few days or weeks. - After the order becomes final, the petitioner can file an execution petition in the lower court that originally passed the decree or order. - The execution petition should be filed within a reasonable time, usually within a few months, after the High Court's order. It's important to consult with a lawyer to determine the specific timeline and procedure for filing an execution petition in your case. They can guide you on the next steps and ensure that you comply with the legal requirements.