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kumar   27 August 2015

Execution petition

I need information about any time bar EP execution. A property case under Specific performance of contract was decreed in my friend's favour. The opposition party went for Appeal in High Court. The honorable High court upheld the lower court judgement and decreed in favour of my friend in Oct 2011. Official HC decree was received in Dec 2021. For Specific Performance of contract, my friend engaged a lawer to file EP in lower court. But due to lawyers strike during Telangana agitation and delay in record tracing in lower court, the lawer filed EP in May 2015. In light of above facts, appreciate for legal opinion on the following 1) what is the time limitations for filing EP after HC decree? 2) we do not know the opposition party address, then what is the process to serve EP notice? 3) How long it would take to complete EP process? 4) what is the best way to go about the entire process to complete quickly? Thanks in advance for detailed information on above.


 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 August 2015

Section 5 of Evidence Act is an enabling provision to assist the litigants who failed to do an act within the prescribed time period as originally fixed under the various enactments. For example a litigant who failed to file an Appeal before the superior courts within the permissible time period as originally fixed then he can file it after the expiry of the prescribed time period provided he has to shown “sufficient cause” for non-filing the Appeal within the time period. Likewise while running a case either before the subordinates’ courts or any superior courts; the litigants has to file necessary applications under various enactments for smooth running of the case, but such an applications has not been filed in-time then he can file it latter on provided he has to shown “sufficient cause” for late filing of the same.


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