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Stephen (Pgm Management Professional (Retired))     07 September 2020

Clarification and steps to process a decree execution

Dear Respected Sirs, Some 5 months back I won judgment of a 5 year old OS/2015 filed against 6 defendants comprising of a family, however the judgment is made against defendant #3 who represented on behalf of rest of the 6 defendants. While in the WS he has given wrong / nonexistent address. With this background when I file for decree execution does the court issue notice of judgment and decree to defendant 3 is through police or through defendant advocate. Besides in what matter does court rely upon plaintiff to make the order execution. Appreciate a detail process, step with who is responsible, when and to get decree execution would be highly appreciated. Thanks Stephen


 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     07 September 2020


Once you file execution of decree the notice will be issued by court and not through police or defendant advocate. Contact local advocate for filing and proceeding with the decree.


Stephen (Pgm Management Professional (Retired))     07 September 2020

Dear Shirish Sir,


Thanks for this info. Still my concern, as mentioned in the query as the defendant #3 has given wrong/incorrect address, so how would court and which department of court would determine to ensure the defendant is given notice of the decree and how long / how much iteration this will keep going.

Appreciate if you can give some light to my concerns.




niranjan (civil practice)     07 September 2020

If was power of attorney, judgement is binding to all defts. and so you have to file execution against all defts. and notice will have tobe served on each one.

Stephen (Pgm Management Professional (Retired))     08 September 2020

Dear Sir,

Thanks for your response with some inputs. To clarify defendant #3 is not power attorney holder, but part of all 6 of from the same family. Just that defendant #3 with affidavit in WS mentioned he is appearing on behalf of rest of the family and as reiterated the defendant #3 has given wrong / non existent address and untraceable as he is on bail as well. So light of this background I am seeking help from the learned can we give decree execution notice to the address of rest of family members.

Appreciate your detail clarification on this



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