Execution petition
Querist :
Anonymous
(Querist) 11 January 2026
This query is : Resolved
We had filed a declaration suit for ownership and consequential relief of permanent injuntion for 1 acre. Now suit is decreed with consequential relief of permanent injunction. The suit is also dismissed in second appeal, the defendants did not challenge the decree in Supreme court . Now they are trying interfere our peaceful possession by taking some local advantage. Also out of total extent of 1 acre they had sold some 10 guntas to other during pendency of the suit. Few purchaser has built the house in that. Remaining 30 guntas is in our position only.
Can we file a execution petition against orginal defendants and purchaser during pendency of the suit. Our advocate advised since decree is declaratory, execution petition can not be filed in respect of Declaration suit. They advised us to file seperate cases against purchasers to recover the possession? please advise what is the correct legal position. we have already spent 20 years on the declaration suit.
Please share if any citation is available on this.
kavksatyanarayana
(Expert) 11 January 2026
Your advocate who knows the facts of the case can guide you.
Dr. J C Vashista
(Expert) 12 January 2026
Before filing the suit before Trail Court, how much land was there in actual physical possession ?
If part of suit land has been sold by defendant (respondent before appellate court) provision of Transfer of Property Act, 1882 shall apply.
I concur with the opinion and advise of learned expert Mr. Kavksatyanarayana, did you seek advise of the lawyer who have sailed you through and through ??
T. Kalaiselvan, Advocate
(Expert) 13 January 2026
Your advocate has advised you rightly.
The suit was for declaration and not claiming possession.
If you are aggrieved by the acts of the defendant, then you may have to seek remedy separately by filing a suit for possession or recovery of the possession of the property that was sold during the pendency of the suit.
You may better follow your advocate's advise on all such further issues
Dr. J C Vashista
(Expert) 17 January 2026
Very well advised by learned senior expert Mr. T Kalaiselvan, I endorse and appreciate his acumen.
However, what is the opinion and advise of the lawyer engaged / paid by you, who is an able, competent, intelligent enough , well aware about facts and circumstances of the case and duty bound to satisfy you ? Have you lost faith in your lawyer ?
Whatsoever, if you are not satisfied with your lawyer and obligation of experts on this platform, it is appropriate to show relevant records to some other local prudent lawyer for proper analyses of facts/documents, professional advise and necessary proceeding.
P. Venu
(Expert) 21 January 2026
What do you mean by "The suit is also dismissed in second appeal, the defendants did not challenge the decree in Supreme court ."
Had you taken any action before the Court against the defendant for conveyance of property during the pendency of the case?
Any meaningful suggestion requires that the Judgments be perused and issues discussed.
