How to get final decree exexcuted & whats time it takes??
AAVADHOOT. D
(Querist) 19 October 2010
This query is : Resolved
Sir,
Please inform how to get final decree in property case get executed & how long it takes..
Khaleel Ahmed
(Expert) 19 October 2010
After the pronouncement of judgement the court may pass the final decree immediately,if there is no costs awarded. If the cost awarded court will fix time to recieve the cost memo from the cousel and pass the final decree.If counsel not submitted the cost memo then also court may pass final decree immeidately after prouncement of judgement.
Devajyoti Barman
(Expert) 19 October 2010
Yes , you have to file a execution case fro implementation of the decree. Engage a local advocate to do the needful.
adv. rajeev ( rajoo )
(Expert) 20 October 2010
If it is partition suit, you will have to file FDP i.e., final decree proceedings after an appeal period is over. AFter final decree again you will have to wait for appeal and you will have to file an execution petition. Execution petition takes time.
pawan sharma
(Expert) 20 October 2010
For the execution of the Decree there three are some procedure encrine in order 21 cpc,peroid for its are based on the nature of the matter, you may find it in the schuled of the limitation Act.
s.subramanian
(Expert) 20 October 2010
The procedure is as follows:-
Firstly,the court passes the preliminary decree declaring the shares of the parties to the suit both the plaintiffs and the defendants.
Secondly on the basis of the preliminary decree,the parties have to apply for final decree and appointment of a commissioner under Order 26 rule 10 of CPC. In this proceeding the court appoints a commissioner to divide the properties by metes and bounds according to the preliminary decree. Then after receiving the report of the commssioner,the court passes the final decree alloting specific shares to each and every party to the suit.
This final decree would be sent for registration before the competent Registrar by the court and the same would be got registered.
Thirdly on the basis of the said final decree the parties have to file execution petition for possession of their specific shares under Order 21 of CPC.
Even though the procedure looks cumbersome in fact it is not so. They are very formal in nature and could be completed by any court with legal knowledge within a short time.
M/s. Y-not legal services
(Expert) 20 October 2010
yes.. if you got preliminary degree means you have to wait till the appeal period. then have to start yous final degree proceedings.. then execution proceedings..
R.M.Bhaduri
(Expert) 22 October 2010
The procedure for execution has been given in O.21 although it looks cumbersome in fact it is not so, has rightly been indicated by Mr. S.Subramanian and of course if the Decree Holder goes on patiently to execute the Decree then the execution process shall not take so much time even in the adverse situation when the Judgment Debtor obstruct or tries to delay or create such an unawkward situations to harass the Decree Holder.
