Mahesh kumar Orchu (student) 23 June 2023

Execution petion

We were filed a suit in compromise decree with extent AC:10.00 gts made in 1985, the hon’ble supreme court ordered in 2019 by directing the respondent to execute as mentioned in compromise decree. During course of fighting for legal damages around AC 1-38 gts out of ac 10-00gts lost in road extending and the respondent was clime for loss of Ac.1 -38gts he got compensation worth of same as 1 bit of main road. Respondent have one more land 3^rd bit of main road.

While executing compromise decree can we demand for entitle of 1 bit of road?
Is it respondent desecration power to provide total AC: 10-00gts irrespective of place? 3. Respondent have to execute with total extent Ac:10-00 gts, but actually Ac 8-02 gts there. can we have right to claim for Ac: 1-38 in 1 bit of main road?

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 23 June 2023

You can file an executuion petition on the basis of court order and not beyond that.

Advocate Bhartesh goyal (advocate) 23 June 2023

Executing court can not go beyond the decree and will not allow more than decree.

Mahesh kumar Orchu (student) 23 June 2023

Sir, we are not going beyond or less then the decrees. We lost around Ac 1-38gts in road extended, pahanis and revenue records are not updated, while we measuring the land we getting extent Ac 8-02gts. Respondent have one more land near to road.

Now my questions are

1. Can I go for part execution for Ac 8-02gts. ? And another part 1-38 gts we fight in Court.

2. If i go full execution there is no Ac.10-00gts land. What is the procedure?

Real Soul.... (LEGAL) 23 June 2023

just file the execution petition in the court and during the execution of decree you can raise questions uder section 47 of CPC

Shashi Dhara 23 June 2023

As per compromise you get 10 acres in that if it is acquired then you have right to get award ,file application to deposit money in court against land acquisition officer or not to release the award amount.