I got decree on 12 10 2018 till now I didn't filed an EP. but the defendant filed an appeal in the district court. now what can I do to enforce the judgement ?can I apply for writ of execution in high Court or can I file an EP in district court? Defendant keeping my property (home)in their custody and getting rent from the tenant. My lawyer delayed and not ready to take further steps..
writ of Execution and EP is same or different?
You must wait till the Appeal is decided, as the dceree you want to excute is already questioned in court of appeals. Even if you file the execution petition the judgment debtor/other party will make the statement in executuing court that the appeal is pending disposal and your efforts will go waste.
They are same by what ever name you call execution.
