Execution

This query is : Resolved 
 


Querist : Anonymous (Querist)
14 October 2020

"A" filed a suit for declaration with possession against "B:. Suit Decreed.
"A" files execution petition seeking possession from "B".
"B" object the execution that decree obtained by fraud. Matter pending before court.
If the scenario is so... "A" try to trespass the property while EP pending
What is the remedy for "B"?
To seek an interim injection in Execution court or in separate suit?
Whether bare injection is maintainable for the case in hand?
Kindly answer my query. Thank you


K.S.Ramaswamy Advocate (Expert)
14 October 2020

To seek an interim injunction from trespass of suit property.


Querist : Anonymous (Querist)
14 October 2020

Thanking You K.S.R sir.. But in execution court(EP) or by separate suit (OS) ?
If so whether bare injection in maintainable?

Advocate Bhartesh goyalOnline (Expert)
14 October 2020

B has to file separate suit for getting declaration and injunction of decree obtained by A as null and void on ground of fraud and coercion .

Rajendra K Goyal Online (Expert)
14 October 2020

Separate suit for declaration of decree as null and void need to be filed. Agree with the expert Advocate Bhartesh goyal.

Dr J C VashistaOnline (Expert)
15 October 2020

Was it a contested or ex-parte decree ?
No separate suit is maintainable but objection and stay of execution under order XXI CPC be filed, if it is not an examination hall question paper.

Advocate Bhartesh goyalOnline (Expert)
15 October 2020

It is well settled principle of law that executing court can not travel beyond decree and is to to execute the decree as it is.Querist is saying that decree has been obtained by fraud this fact can only be proved by Pleadings supported by cogent oral and documentory evidence so to prove the decree has been obtained by fraud ,separate suit has to be filed along with application for stay of execution proceedings.

P. Venu Online (Expert)
15 October 2020

What A, B, C ..........?
The matter is pending - which court?
The facts, as posted, are less than convincing.



Guest (Expert)
16 October 2020

Mr. P.Venu .What stupid questions you are posting to the Querist. Even a School going child would understand A,B.C posted in the query and why are you particular to know which Court and you say you are an Retired Govt Officer. This is not the place for your Idiotic Time Pass. Mind it.



Guest (Expert)
16 October 2020

Well attended and explained by Advocate Mr.Bhartesh Goyal . Nothing to add..

P. Venu Online (Expert)
16 October 2020

Mr. Rajkumar - This is platform is meant for knowledge sharing and not for exhibiting expertise in personal abuse.


Querist : Anonymous (Querist)
16 October 2020

I thank you all the experts for guiding me.
Dear Venu sir, since i dont want to use the names like Rama, John or Abdul in the quest i used ABC.
Kindly skip my Query if it is not convinced you. thanking you.

P. Venu Online (Expert)
16 October 2020

This platform is meant for real-time issues. And those could be posted without using alphabets or imaginary names, but in real terms.

Furthermore, your posting suggests itself to be unreal. You posit "B object that decree obtained by fraud. Matter pending before Court"! This is an impossible situation. Firstly, the execution Court has no jurisdiction to entertain and decide such an objection. Secondly, which court it is pending - the trial court, the appellate court or the High Court? What is the type of procedure - appeal, review or a Writ of Certiori?

What are the case numbers? Which are the Courts where the cases are pending?

Your statement, "if the scenario is so .........." confirms that there is no such situation. And it is impossible in law and in fact such a scenario is there.

Obviously, you are trying to set us on a wild goose chase. Please note that this platform is meant for a definite public purpose, not for playing such pranks.




Guest (Expert)
17 October 2020

Mr. P .Venu -- Retired govt officer -- What Knowledge your Great had shared here please. You had only exposed your ignorance fakely assuming you are exposing your high intelligence by Questioning idiotically like what is A B C etc.

P. Venu Online (Expert)
17 October 2020

May be I am ignorant. Anyhow, I have only tried to post first principles of elementary basic concepts of Law, of course, as is known to me within my limited knowledge. But, other than mere personal vilification of a retired Government officer who, in all probability, is as senior as your parents (My daughter is 39 and son 30), what is your expert opinion or suggestion on the posting?

Please post your valued opinion/advice so that I can learn and/or have a healthy discussion which would contribute to sharing of knowledge.



Guest (Expert)
18 October 2020

This is Not the Place for any discussion or teachings. Here we only Guide the Querists who have genuine problems of their own . Certainly they would have their own advocate but they approach here for more clarification. Mr.P.venu Retired Government Officer should attend and watch the court proceedings if at all his intention is to learn and should not misguide the querist pretending as Expert.

P. Venu Online (Expert)
18 October 2020

Mr. Raj Kumar:
"Here we only guide the querist who have genuine problems of their own." If so, why you are not providing guidance? Admittedly, you too are convinced that there is no genuine problem.



Guest (Expert)
19 October 2020

Mr P .Venu Already you had confirmed your inexperience in Legal aspects . Now you had exposed and confirmed your lack and inability of Good English also. Refer my second post in this Thread.. " Well advised and explained by Advocate Mr.Bhartesh Goyal . Nothing to add ". Refer the Dictionary for the meaning of it and you could join some good english course being idle.

P. Venu Online (Expert)
19 October 2020

Mr. Rajkumar:

Thanks, I understand!



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