Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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reena   30 September 2017

Execution petition

Sir ,we filed execution petition for our plot against our neighbour ,after 6months our neighbour filed injunction suit against 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 inparallel ,court gave decrees to both stating their respective plot number.after 10yrs the neighbour now filed execution petition by serving summons to our late I want to know that is there any need to impleade or not ,as the neighbour filed petition after knowing our father's demice .I will be grateful to yor valuable advice.


 7 Replies

reena   30 September 2017

Actually we filed injunction suit not execution petition _typing mistake please note it sir

sanjay (.)     30 September 2017

You go to High Court and lower court apply rejection suit and also file cheating case.

SHREY DAMBHARE   30 September 2017

Reena You didn't give complete facts. Whether your Suit was for Suit for declaration? Whether his suit was for possession? Where was your matter pending? Because, Appellate forum will be different then. If your neguibour's suit was decided by Civi Judge Jr. Division then appeal will go before District Judge or Sr. Division and if it was decided by Sr. Division or District Judge then Appeal will go before High Court. As far as facts narrated by you, you have to file appeal and stay application against execution. If execution not stayed pending appeal then you will have to file objections in execution case stating that decree obtain by fraud and declare decree to be nullity. You should provide complete facts, nature of suit, subject matter, before whom it was pending etc etc. 

P. Venu (Advocate)     30 September 2017

Yes, the facts as posted, lacks. Any how, you have option to file objection to the EP>

reena   30 September 2017

Sir, My father purchased plot noX, neighbour purchased plot no Y long back ago 20yrs from same vendor ,as we are not staying there he created false giftdeed to wife(by creating plot ie.. Y/a no) and interpreting that our possessed plot belongs his plot Y, and his plot as Y/a and also mentioned plot no X was sold to his daughter by our vendor by simple saledeed 20yrs back. Plot noX is in our possession since purchase,built house 8yrs back we first filed permanent injunction suit on plot no X as when he tried to grab our land . After 6 months of our suit filing he filed another injunction suit for his plot no Y stating that our possessed plot X belongs to Y, and the X plot was also purchased by her daughter, his Y plot showed asY/a by creating giftdeed to his relatives .he neither produced her daughter's simple saledeed nor her for cross examination . both cases ran in jr civil court.court gave decrees to both we filed appeal suit after that neighbour also filed appeal in sr civil court ,but both suits were dismissed After this we built a house 8yrs back in plot noX Now after our father's Demice he filed execution petition by sending summons on the name of our father . We want to know whether we should impleade or not in this EP, if not what is date of this EC

reena   30 September 2017

Sorry .. what is the fate of this EC

surendra prakash agrawal (advocate)     01 October 2017

The facts in brief are not clear where legal terminology is mis-matched. I understand that aftewr the demice of your revered father, you may apprise the names of all his legal heirs along with latest addresses for needful correction. Otherwise the legal proceedings will suffer and delayed adversely.  

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