Restoration of execution petition

Querist : Anonymous (Querist) 06 May 2022 This query is : Resolved
Execution Petition of 2012 - Dismissed APRIL 2022-order - decree copy not filed, no meaning in continuing -dismissed - EP for removal of one feet passage area on all floors as per mediation agreement decree - court commissioner fee paid on record - process fee for commissioner warrant paid in 2021 - defence for restoration - steps to be taken

Follow Query

Report Abuse

Quick Summary

This discussion concerns the restoration of a dismissed execution petition filed in 2012. The petition was dismissed in April 2022 because a copy of the decree was not filed, which the court deemed a curable defect. The petitioner questions the legality of the dismissal and seeks advice on how to proceed, including whether to file a new execution petition or a civil miscellaneous application. The consensus suggests filing a new execution petition with a certified copy of the decree is the most straightforward approach.

kavksatyanarayana (Expert) 06 May 2022
Do you feel your query has clarity?

Advocate Bhartesh goyal (Expert) 06 May 2022
Execution petition is dismissed due to non compliance of court order ( copy of decree not filed ) for long period.File another E.P.with certifird copy.

Querist : Anonymous (Querist) 06 May 2022
Sir, Order 21 Rule 14 to 17, is complied, Court registry given file number, - non submitting of decree copy is a curable defect,- is dismissal legal or it ultra virus - to my knowledge execution petition to be taken to executed, your opinion

Dr J C Vashista (Expert) 07 May 2022
The registry shall not accept EP without certified copy of decree, which cannot remain on judicial record from 2012 to 2022 as stated, accordingly contention of author require re-verification of facts.

For the sake of arguments, which is otherwise not accepted, when copy of decree is not attached with EP how does Executing Court came to know that the decree / order / judgment under execution pertain to
"...for removal of one feet passage area on all floors as per mediation agreement decree - court commissioner fee paid on record - process fee for commissioner warrant paid in 2021 - defence for restoration..."
as stated in the facts posted in the instant query ??????

Querist : Anonymous (Querist) 07 May 2022
Sir, all the facts mentioned are in the order sheet, - request - any apex court precedents, or facts are suffice for defence - request - preferred - civil miscellaneous petition before the same judge or appeal/revision application - personally prefer Civil Misc Application - your opinion please

SHIRISH PAWAR, 7738990900 (Expert) 08 May 2022
Hello,

No need for Apex court precedent for restoration of execution petition. File another execution petition annexing decree copy.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries