Execution petiton
GANGO PADHYAYA
(Querist) 25 December 2018
This query is : Resolved
Sir
O.S.No. 1315/1984 Suit filed for Mandatory Injunction it was decreed on dated 29.08.1992, thereafter the defendant filed First Appeal bearing no. First Appeal A.S.No: 122/1992 it was dismissed on dated 23.02.1998,
Immediate after dismissal Execution Petition was filed in the year 1998 bearing E.P.No. 420/1998 in O.S.No. 1315/1984
aggrieved the order the defendant preferred second Appeal S.A.No. 336/1998 it was also dismissed on dated 16.06.2006.; due to ill health decree holder died on 2011
Plaintiff in her life time executed a registered WILL according to the said Registered WILL one of the item is the suit schedule property , due to lack of knowledge to plaintiff legal representative filed a new execution petition , in this after adding him as legal representative to the execution proceedings the Judgement debtor filed a Civil Revision Petition
Now I require that previous Execution filed in time with in 3 years of the Decree
The legal representative filed the Execution in the year 2016, to contest the Civil Revision Petition i require that previous execution petition in time hence there is no Bar to legal representative Execution petition , Legal Representative continue his execution proceedings
Regards
P. Gangopadhyaya
Dr J C Vashista
(Expert) 26 December 2018
Limitation for filing execution is 12 years, please check with your averments, there is no delay in filing EP.
However, you are required to substitute LRs of deceased DH.
Consult a local senior to help you further, if required.
