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Ep restoration vs fresh ep application

Querist : Anonymous (Querist) 09 November 2019 This query is : Resolved 
Respected Sir,
I am decree holder with regard to possession of property. Lower court gave decree on 10 October 2015 in my favour for possession of property. Immediately I filed for EP for execution of decree. In the meantime JDR filed for Appeal in District Court and Appeal was allowed and EP was stayed for some time period based on petition of JDR requesting for stay of EP based on the reason that appeal is pending in the Appellant Court. Now Appeal Case is in dormant stage(i.e. not come come up before the Appellant Court bench, as lower court record is still awaited). After some time, EP stay was vacated, as petition for extension of EP Stay, was not filed by JDR on time. EP Court asked my lawyer to file for Execution Application as EP Stay was vacated. As I (DHR) did'nt respond by filing an Execution Application through my lawyer even after several chances(or adjournments) given by EP Court, EP was dismissed by EP Court on 28 October 2019.
Now what should be my next course of action. Should I file for restoration of EP or should I, at a later date file for fresh EP application since it will take a lot of time for the disposal of the Appeal Case in the Appellant Court.
KISHAN DUTT KALASKAR (Expert) 11 November 2019
Dear Sir,
You have only one option that is to restore the dismissed EP.

Dr J C Vashista (Expert) 12 November 2019
Restoration of EP is the only option available to you Mr./Ms Anonymous, if the story is not an examination hall question paper.


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