* Neha Shah * (student) 30 January 2018
In one of the Civil case as filed by CHS the decree is PASSED against the BUILDER in 2007. The judgment and decree is about bringing oc and execution of conveyance in favor of CHS CHS has not taken any steps for execution till now (almost 20 years). CAN THE SAID DECREE BE EXECUTED BY CHS NOW PLACE IS MUMBAI.
Arvind Singh Chauhan (advocate) 30 January 2018
Arvind Singh Chauhan (advocate) 30 January 2018
* Neha Shah * (student) 30 January 2018
The Year of Judgement is 1997 or so .. It is over 12 years (Limitation Period).
2007 is written by Mistake.
Sycorax Juris 30 January 2018
Typo mistake, correct it.
TGK REDDI 31 January 2018
Apply for condonation of delay.
* Neha Shah * (student) 31 January 2018
TGK REDDI 31 January 2018
Yes. You can.
TGK REDDI 31 January 2018
Because it's hit by Limitation, applying for condonation has become necessary. The Questioner can file Petition for condonation. Allowing it is at the discretion of the Court. Execution Petition needn't be filed along with the petition for condonation. It's not illegal to file Execution Petition in anticipation of condonation. If condonation is not granted, Execution Petition is not allowed automatically.
N.K.Assumi (Advocate) 31 January 2018
There cannot be any straight answer to the query. It is not clear under what provisions of law the decree was passed.According to querist the decree was passed, but under what provisions of Law the decree was passed is not mentioned. If the decree was passed under local or special law, it is not the limitation act, but that local or special law will be applicble outsting the limitation period of 12 years, and decree can be enforced even after 20 years, as no articles of Limitation Act would apply.
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