Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Execution of Decree.

(Querist) 18 January 2018 This query is : Resolved 
In a suit, possession of suit property is granted to plaintiff for himself and for defendants no. 8 and 9 and decree drawn accordingly. Suit property in possession of defendant no.1. In execution proceedings possession warrant has been granted in favour of Plaintiff to take possession of suit property for himself and for defendant no. 8 and 9. In what manner defendant no.8 and 9 can claim their share of suit property? What care should be taken so that their names will appear in 7/12 extract? At the time of execution of possession warrant by bailiff what should be done by them. I am on behalf of defendant no.8 & 9. Request to kindly advise. Thanks.
BAALASUBRAMANNYAMM (Expert) 19 January 2018
If the Execution Petition is field only by Plaintiff, the bailiff can act only to the extent of share of Plaintiff portion, as per the decree, even though a decree is passed infavour of Plaintiff, D8 and D9 against D1. In such a manner, D8 and D9 should file a separate Execution Petition for the similar relief as of Plaintiff.
Dr J C Vashista (Expert) 21 January 2018
Submit an application to the executing court for necessary directions to bailiff for joint possession of plaintiff with D8 & D9 in terms of order/judgment/decree drawn by the adjudicating court.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :