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Max (-)     29 August 2011

When to file execution petition

Hi,

I have a specific query. In one of the litgations, an order was passed under section 39 Rule 2A against the defendant. The defendant then appealed against the order and the order, the appeal was rejected.

Now, the matter is back to the main court where the litigation started and the order was passed. In order to ensure the execution of the order, what do I need to do? The decree of the initial order is not available. Should I wait for the decree to be made available and then file an Execution Petition or can Execution Petition be filed any time?

What options does the defendant has in order to circumvent the execution?

Any responses are highly appreciated.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 August 2011

If order is violated then you will have to file an interim application u/o 39 r 2A for violation of court order in the pending suit, otherwise you will have to wait for the decree
1 Like

Advocate M.Bhadra   30 August 2011

File a petition to the Court for Breach of Injunction then a get a Decree ,file a Misc. Case for Execution of the said decree in the same Court.

1 Like

Max (-)     30 August 2011

Thanks very much for the valuable response.


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