Waht is the remedy to recover the land.

Querist : Anonymous (Querist) 18 January 2010 This query is : Resolved
I filed a suit for declaration of title and recovery of possession of a land against some body. In the absence of defendants, the case was decreed and an exparte decree has been passed in my favour. On the above exparte decree, they filed a petition to restore the above said exparte decree. On some grounds the same was dismissed. When it was carried before the high court on a civil appeal, the same was dismissed.

It is sure that I failed to file Execution Petition within 12 years, as no court has passed stay orders against the above decree. When I filed an Execution petition, the JDRS have contended that it was time barred. And accordingly my E.P. is dismissed.

So what I have to do to recover my land.

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N RAMESH. (Expert) 18 January 2010
By a Decree(exparte) your title was already declared. You remain the owner of property.

As for possession, you did not execute the decree and it became time barred.

Limitation extinguishes your remedy not right. Your right to recover possession still remains with you.

You can file a suit for recovery of possession .