cpc

Declaration and permanent injunction

This query is : Resolved 
 


Querist : Anonymous (Querist)
13 December 2019

Plaintiff decreed law full co-sharer and granted permanent injunction restraining defendant. Decree date 22/01/2006 but plaintiff till date not execute the decree, scheduled land under possession in defendant (purchased land) 1995 to till date. And decree holders are dies 2008. All revenue documents in name of defendant. Any limitation period for execution of decree.


sankar narayanan (Expert)
14 December 2019

The period of limitation for an application for the execution of any decree or order of any Civil Court is twelve years and the time of limitation starts to run from the date when the decree or order becomes enforceable or where the decree or any subsequent order or orders. .other than a decree granting a mandatory injunction

Raj Kumar Makkad (Expert)
14 December 2019

Plaintiff in the given case is not in possession of suit property which actually is with the defendant so plaintiff can get restored his lost possession post decreetal period. It should be described recently so that court may take cognizance accordindly. Order 39 Rule 2A of CPC needs to be availed.



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