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reena   25 September 2017

Execution petition

Sir, I want to know about execution petition, if the judgement debtor is expired ,without his presence how will be the progression of the case without unpleading their legal heirs


 5 Replies

Siddharth Srivastava (Advocate)     25 September 2017

Legal heir should be brought on record and thereafter, execution petition should proceed against legal heirs.

Advocate Bhartesh goyal (advocate)     27 September 2017

File appliction to bring legal heirs of judgment debtor on record after that you may proceed and get  executed the decree against .legal heirs 

SHARAD CHANDRA DANEJ (Asstt. Manager)     27 September 2017

You said judgement debtor has expired. Have you received the decree? If yes, then you will have to file execution  proceedings.

 

reena   30 September 2017

Sir , actually we filed injunction suit against our neighbour for our plot, the neighbour after 6month filed injunction suit for his plot,in that he tried to show that our possessed land belongs to his plot no with false giftdeed made to his relatives Both these suits ran in parallel ,court gave decrees to both stating their respective plot numbers.after 10yrs now the neighbour again filed execution petition by serving summons to our late father . Sir now I want to know is there any need to impleade or not ,as the neighbour filed petition after knowing our father's Demice .I will be grateful for your valuable advice.

Vishwa Bhushan Arya (Service)     08 October 2017

Please see section 52 CPC and act accordingly.  He may not have any case against you or other Legal Heirs.


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