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What is the time limit to file the execution petition??

Page no : 2

Swami Sadashiva Brahmendra Sar (Nil)     24 March 2009

No mr. malhotra,


though i have not gone through the said judgment, no legal commonsence would aprove such interpretation. if it is so, as you are interpreting, it is liable to be set aside and to be overrulled by apex court. otherwise it would be adding an exception clause to Art. 137 of limitation Act.

Rajneesh Malhotra (Advocate)     24 March 2009

Dear Sir,


I guess law is regarding a thought process on the interpretation of a law. I have given mine, which is as liberal as the Consumer Act itself.


I guess now we will have to wait for the Hon'ble Suprement Court to lay down new law...but till that time the judgment quoted by me stands as law .

Rajneesh Malhotra (Advocate)     24 March 2009

Dear Sir,


I guess law is regarding a thought process on the interpretation of a law. I have given mine, which is as liberal as the Consumer Act itself.


I guess now we will have to wait for the Hon'ble Suprement Court to lay down new law...but till that time the judgment quoted by me stands as law .

Swami Sadashiva Brahmendra Sar (Nil)     24 March 2009

you are right mr. malhotra. judgment of national commission is law unless disapproved bysupreme court. but read again and varify, what exactly the judgment says.

Md Shadab Ansari (Law Student & Human Rights Activist....)     26 March 2009


Thank u very much for all ur information...

V.V.RAMDAS (Advocate)     09 April 2009

Dear Malhotra,

Thanks a lot . You have proved  your uptodate knoledge by citing the citation of of N.C. I do agrree with your contention and I have used the said citation and the same is admitted.

P.Bashista (Advocate)     10 April 2009

I agree with Mr. Prabhat Kumar

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 April 2009

Limit for filing execution petition is 12 yrs.

sanjay singh thakur (advocate)     10 April 2009

Dear Shadab

Mr. Rajneesh has left no room for your query and it has been excellently replied.

pramod malhotra (buisness)     21 May 2009

for a consumer there vcan or can not be any limit on filing execution petition but can any one suggets if ther is any limit to the court for deciding the execution petition or can it also go on as long as the JD or court wishes it to drag

Ramesh R. Singh (Administrative)     24 March 2010

Order/ decree is of civil court. Not of consumer forum.  secondly, case was filed for mandatory injunction for specific performanace of the contrat or alternatively for claim of damages.  Court finally decreed for favouring damages to the plaintiffs favour. Required of limitation period and Format how application to be put up in civil court, Mumbai.

Ramesh R. Singh (Administrative)     24 March 2010

Note:  the suit was filed for mandatory injunction directing defendant to execute an agreement in respect of Flat  together with further mandatory injunction for possession of said flat.  Court partly decreed, in favour of plaintiffs for liquidated damage of rs. 6,00,000/- in the year December 2001with interest @ 6% per annum on Rs. 6,00,000/- till the date of payment / realisation.

Till today the defendants not paid any amount.  Even appeal preferred by the defendants in Higher court, the higher court rejcted the defendants application and confirmed trial court order.

Now decree is required to be executed. Therefore a)  What is time limit?  and 2) format of filing exeuction application in civil court.

kindly help out to sort this problem, my friends.

O. Mahalakshmi (Law practiece)     10 April 2010

I think Mr. Malhotra is correct


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