Sale - setaside

Querist : Anonymous (Querist) 08 March 2010 This query is : Resolved
Suit for Specific Performance.

Suit decreed exparte

E.P initiated and sale was executed by deciding merits. after a period of 7 years now, they have filed application for delivery of possession application.

What is the remedy for the defendant?

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B K Raghavendra Rao (Expert) 08 March 2010
Defendant has to obey the orders of the court unless the decree was challenged earlier. Now, at execution stage, nothing can be done but to hand over possession of the property.

Raj Kumar Makkad (Expert) 08 March 2010
I do agree with rao.

Guest (Expert) 08 March 2010
I do agree with Mr. Rao.

Parveen Kr. Aggarwal (Expert) 08 March 2010
A defendant can file an application under Order 9, Rule 13 of the Code of Civil Procedure, 1908 for setting aside the decree passed ex parte against him. Simultaneously, file an application before the executing for stay of the proceedings mentioning all the grounds including the fact that application for setting aside the decree is pending adjudication and the irreparable injury to be suffered in case of execution of warrants of possession.

Srinath Kondapally (Expert) 08 March 2010
Mr.Praveen is correct.

Querist : Anonymous (Querist) 08 March 2010
Now Defendant challenged order in revision and that too came to be dismissed

Parveen Kr. Aggarwal (Expert) 08 March 2010
Which order?

Any order passed in execution petition or in the main suit/appeal? Please specify.

Querist : Anonymous (Querist) 20 March 2010
against the order of dismissing the application to condone the delay in filing application to set aside the exparte order

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