Execution petition and it's fate

Siddhi Agarwal (Querist) 09 November 2013 This query is : Resolved
The execution filed by me in 2011 is still pending due to frequent vacant court at Dindoshi Court and so far 5 judges have been transferred. a) Out of 5 families of sons of late father who expired intestate only two families are opposing the execution petition to knock down huge extra money from me (petitioner)although they have accepted the consent terms filed in the court. b) These two families are of criminal mindset with back ground of forgery and theft etc and are occupying the two flats as permissible user subsequent to Consent Term filed in the court in 2009. The rental value of these two flats id Rs.80000/- pm. Now my queries are as under: 1) Can these families be made liable to pay the share of the rental value as they are just the permissible user and the fact they are living in the two flat without any rent. 2) Can the execution petition be challenged and making it time barred on the basis of a judgement of a high court AIR 2005 Delhi 154 Novartis v/s Wander P. Ltd. inspite of the fact that the two defendant families are involved in forgery and thefts etc. 3) Each petition is of specific nature with diff. circumstances and documentary. Experts pl. guide and help in the matter. evidances

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Raj Kumar Makkad (Expert) 09 November 2013
The story told by you has nothing to do with the execution petition as executing court cannot go behind the decree under execution.

The decree shall be got executed in letter and spirit may it take some time.