cross decrees
DEVENDRA
(Querist) 01 January 2010
This query is : Resolved
"A" had obtained decree of permanant injunction against "B" not to interfere his possession over suit property.By this judgement, ownership of "A" over suit property was confirmed This decree is confirmed as "B" has not filed any appeal agaianst the judgement & decree.
After 5 years "B" has obtain decree of mandatory injunction againast "A" over the same suit property - i.e to remove the construction over the suit property.
Upto high court, the decree agaianst "A' is confirmed.
Unfortunately, "A" and / or his then advocate has failed to convince Court about previous decree. Fact of Previous decree was remained untouched in next suit.
Now "B" has filed execution proceedings against "A". Further, "A" wants to file execution proceedings against "B" as decree against "B" as mentioned above is still unchellenged. No question of limitation as both decrees are within 8 years.
Now what will be the legal position ?
Whose decree can be enforced by court ?
What about cross decrees ?
Raj Kumar Makkad
(Expert) 01 January 2010
Has B mentioned about previous suit in his suit or not?
If not then go to same court and set aside the decree passed in favour of B as it has been obtained by supressing the materail fact of passing of earlier decree qua the same property in favour of A and parties to the earlier suit were same.
Court shall definitely go through this fact and meantime seek stay order against execution of decree obtained by B. Both decrees shall be stayed in the given circumstances.
adv. rajeev ( rajoo )
(Expert) 02 January 2010
It is the mistake of the A and his advocate. What both were doing when the suit was filed by the B against A. A has not produced any documents in respect of the Suit filed by him against B, even in an appeal documents could have produced.
In my opinion let A transfer the property one of the family members and agian file a suit against B thru., new owner and in that suit take a contention that the decree which is obtained by B suppressing the fact is not binding on us.
This the only way left to A
niranjan
(Expert) 02 January 2010
I think that if still you have limitation,you should go to the higher forum in the high court and bring this fact to the notice of the high court.
DEVENDRA
(Querist) 04 January 2010
Whether there is provision to file appeal before full bench ( high court ) against decision given in appeal by single judge ( high court ) ?
