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shalaka patwardhan (OWNER)     24 July 2010

DECREE ORDER

Dear Forum Members,

Please guide me on the following matter,

After spending huge amount on court fee/stamp fee/Advocate fee and after waiting for prolonged period for civil suit & after getting the decree order by the Civil Court, then how the same will be put into force. On whom the decree order was passed, his all property is already seized by police authority. Police have filed a charge sheet in court & case is pending since a long time.

a)           Can decree order will be executed on the seized property/bank accounts by police authority.

b)          Or we have to wait, till the verdict of other court case.

c)            In such situation, any other alternative remedy can be put in through legal process. Hence, to get the swift recoveries of money through decree order.  

Regards



Learning

 2 Replies


(Guest)

I once saw a decree without an order in a Three Judge Bench of the Supreme Court. The order was converted into a decree without an order three years later.

Darshan Panchal (Advocate)     17 October 2010

u'll have to file execution application/proceedings before the same court who passed the decree. Decrees passed by the Civil courts are executed through upon execution proceedings being initiated. Seizure by police is an altogather a different process and has nothing to do with execution of a decree. so file appropriate execution application


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