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* Neha Shah * (student)     30 January 2018

Execution of decree after 12 years

In one of the Civil case as filed by CHS the decree is PASSED against the BUILDER in 2007. The judgment and decree is about bringing oc and execution of conveyance in favor of CHS CHS has not taken any steps for execution till now (almost 20 years). CAN THE SAID DECREE BE EXECUTED BY CHS NOW PLACE IS MUMBAI.


 9 Replies

Arvind Singh Chauhan (advocate)     30 January 2018

Only 11 years has been passed since 2007???

Arvind Singh Chauhan (advocate)     30 January 2018

Only 11 years has been passed since 2007???

* Neha Shah * (student)     30 January 2018

The Year of Judgement is 1997 or so .. It is over 12 years (Limitation Period).

2007 is written by Mistake.


Sycorax Juris   30 January 2018

Typo mistake, correct it.


TGK REDDI   31 January 2018

Apply for condonation of delay.

* Neha Shah * (student)     31 January 2018

Builder is there. Can we file executi6wirh condonation of delay application

TGK REDDI   31 January 2018

Yes.       You can.

TGK REDDI   31 January 2018

Because it's hit by Limitation, applying for condonation has become necessary.     The Questioner can file Petition for condonation. Allowing it is at the discretion of the Court.     Execution Petition needn't be filed along with the petition for condonation.      It's not illegal to file Execution Petition in anticipation of condonation.     If condonation is not granted, Execution Petition is not allowed automatically.

N.K.Assumi (Advocate)     31 January 2018

There cannot be any straight answer to the query. It is not clear under what provisions of law the decree was passed.According to querist the decree was passed, but under what provisions of Law the decree was passed is not mentioned. If the decree was passed under local or special law, it is not the limitation act, but that local or special law will be applicble outsting the limitation period of 12 years, and decree can be enforced even after 20 years, as no articles of Limitation Act would apply.

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