Can executing court go beyond decree?
Ahishek Shinde
(Querist) 14 November 2013
This query is : Resolved
Two properties : X and Y
Six family members : A, B, C, D, E (siblings) and F(mother).
'A' filed suit for partition in 1982. Decreed with 1/30 th share in X and Y of 'A' in 1984.
In 1985 'A' filed Regular darkhast for possession. Mother 'F' died in 85.
possession of 1/20th share in X given to 'A' by compromise and she relinquished her right in Y by the same compromise.
Suit filed by for partition in 1989 by B against A, C, D and E. Suit decreed in 1996 with 1/5th share of B in Y property. (Other member's share not determined)
Till now 2013, C is in possession of Y property.
Now in 2013, B filed Darkhast for possession of his 1/5th share in Y.
My question is: Does the execution court make the partition of A, B, C, D and E with 1/5th share of each or will it give the share of B(1/5th) only? Can executing court go beyond decree?
Raj Kumar Makkad
(Expert) 15 November 2013
Executing court cannot go behind decree but the question here also arises whether the executing court can execute the decree passed more than 12 years before its filing.
Raj Kumar Makkad
(Expert) 15 November 2013
Executing court cannot go behind decree but the question here also arises whether the executing court can execute the decree passed more than 12 years before its filing.
Rajendra K Goyal
(Expert) 15 November 2013
Executing court can not go beyond decree.
Surrender K Singal
(Expert) 16 November 2013
Main concern should be to seek condonation of delay in filing execution after 12 years
