How to enforce civil court order under consent terms?

Querist : Anonymous (Querist) 14 August 2010 This query is : Resolved
We are a couple and I am 65 yrs. a senior citizen. In August 2008 I have obtained an order from City Civil Court in Mumbai for the two ownership flats under consent terms wherein my four brothers / their familes were defendents. The families of two dead brothers are occupying the flats as on date. As per court order under consent terms I am 20% owner in the two flats and the flats should have been sold by now but so far I could not acted on their disposal as all legal heirs are required to sign the sale deed whenever it happens and most of them may not co operate with me.

My queries therefore are as under:

1) How do I enforce the court order ? I have so far only intimated the society that I am coowner of these flats with 20% share in them.

2) How can I claim my 20% share at market rate from the developers If the building in which these two flats are located go in for redevelopment ?

3) Can the defendants now challenge the City Civil Court order under any pretexts?

Pl. help and guide suitably as per provision of laws in the matter.

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Kiran Kumar (Expert) 14 August 2010
a consent decree can not be challenged ordinarily.

if u r still unable to get your share then move an execution application in the same court where the original suit was decided.

s.subramanian (Expert) 14 August 2010
yes. a consent decree cannot be challenged on any ground excepting fraud. follow Mr.Kiran's advice.

Guest (Expert) 14 August 2010
YOU MAY FILE IN COURT AN APPLICATION FOR EXECUTION OF JUDGEMENT BY ENCLOSING COPY OF JUDGEMENT .IT WILL BE NUMBERED AND NOTICE WILL BE ISSUED TO THE OTHER SIDE AND THEY HAVE TO FILE THEIR SAY.IN CASE THEY DO NOT APPEAR IN COURT ,THEN COURT WILL PASS EXECUTION ORDER WHICH CAN BE EXECUTED THROUGH COURT BAILIF.YOUR PURPOSE WILL BE SERVED.KINDLY NOTE THAT EXECUTION PROCEEDING DO NOT COST YOU MUCH AS YOU NEED NOT PAY HEAVY STAMP ON THE SAME.
GOOD LUCK.