Querist :
Anonymous
(Querist) 21 November 2025
This query is : Resolved
The applicant filed specific performance case for a piece of land in which applicant entered into into registered agreement to sell paid 10 lakh advance and 4 lakh after one year at the time of execution of saledeed. Seller didn't returned so specific performance case. Court award degree order to seller to take balance 4 lakh and execute saledeed. Filed execution for same prayer but court told that it can't understand the prayer and asked to tell the mode how to execute the degree by way of imprisonment or land detained. The applicant filed adjournment to understand what court wants but court disposed execution under o21r17 for non compliance. Now I want to ask if same execution be restored or fresh execution or revision at high court.
T. Kalaiselvan, Advocate
(Expert) 22 November 2025
The court dismissed the EP for filing the same under incorrect provisions of law, hence you can file a fresh EP to enforce the court decree with proper provisions of law.
Advocate Bhartesh goyal
(Expert) 22 November 2025
Since you had submitted defective execution petition and didn't remove defects inspite of giving you opportunity so court dismissed your execution petition, now you may file fresh execution petition with correct facts and law.
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