Execution Proceedings
Shruti
(Querist) 24 December 2010
This query is : Resolved
Is it necessary to file a suit for execution once a final decree has been given in a partition suit? When is it compulsory to file an execution suit? Your input on this matter would be greatly appreciated. Also, please tell me which order or rule i can find the same under. Thank you.
Y V Vishweshwar Rao
(Expert) 24 December 2010
Final Decree for partition is passed on the basis of the Commissioner Report and as decreed by the Court -Shares are allotted to each party - Final decree to be implemented -Order 21 Rule 35 ( 2 ) C P C
Devajyoti Barman
(Expert) 24 December 2010
Yes I agree. If after the passing of final decree on partition by metes and bounds the co sharer does not et his allocated share , he could file execution proceeding in the same court.
G. ARAVINTHAN
(Expert) 24 December 2010
for the execution of allotting shares the execution proceedings is a must one. Then only you can execute the decree
s.subramanian
(Expert) 25 December 2010
Execution has to be levied only for the purpose of delivery of physical possession of the respective shares of the parties as per the report of the commissioner.
MUKUL SHARMA
(Expert) 25 December 2010
Yes,I agree with Mr.S.Subramanian.
Satyendra Kumar Pandey
(Expert) 25 December 2010
Decree have no value without execution so you initiate execution proceeding for getting complete relief.
Order 21 of Civil Procedure Code is applicable in such proceeding, go through with it.
bhupender sharma
(Expert) 25 December 2010
After the expiry of the appeal period u may initiate the execution proceedings for rest of the reply concede the same.
Ahmed Daud Girach
(Expert) 25 December 2010
Execution proceedings neceassary as per order 21 of cpc
Pritam Saini, Advocate
(Expert) 26 December 2010
no need of execution if you are already in possesion of alloted portion just santioned mutation of your portion and authority is duty bound to check possesion before mutation otherwise filed execution u/o21 rule 35(2)cpc
Gulshan Tanwar
(Expert) 27 December 2010
All learned friends are right!
Vijyant Nigam (09807349001)
(Expert) 28 December 2010
Proceeding under Order 21 Rule 35 of Civil Procedure Code is required in the matter of partition dispute if actual possession is different from the decreed portion. Generally the person who got less from the decreed portion initiates the proceeding under Or.21 R.35
i also agree with the aforesaid views
regards
