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arun kumar   04 November 2020

Execution Petition

My father bought a land in 1987.
Our neighbour filed a case as our land was a pathway in District court Perambalur, he occupied some parts in our land. District gave judgement in favour of us, as our land is not a pathway, it is a house site in 1994.
Then, High court madras gave the same judgement as it is not a pathway in 2011.
Then Supreme court confirmed the High court madras's judgement in 2014. Then, we filed a petition to our district officials to remove occupied portions. But they did not obey the court orders till now.
Can i file Execution Petition in high court madras ?


 5 Replies

P. Venu (Advocate)     05 November 2020

The facts posted suggest no execution petition, unless you had made a counterclaim.

What was the cause of action for the neighbour to approach the  Court?

Dr J C Vashista (Advocate)     06 November 2020

It should be filed in the District (Trial) Court and not appellate court.

What is the advise of your lawyer who is stated to have successfully contested the matter upto Apex Court ?

niranjan (civil practice)     06 November 2020

execution petition is tobe filed in the  lower court.

arun kumar   12 November 2020

Hello sir,
We write to you with the hope that you will help us get justice.
A small house site (15 * 8 = 120 sq ft) bought by our father was occupied by a neighbor in 1987. He claims that the small land belongs to the street and he has only been occupying and using it to this day.
Our father filed a lawsuit in the Perambalur District Title Court against this occupation and obtained a judgement in 1994 that the land did not belong to the street but to our house site.
Later, in the Chennai High Court
He received a judgement in 2011 that the house did not belong to the street but to our house site.
Then, in the Delhi Supreme Court, he got a judgement in 2013 that the house does not belong to the street, it is our house site.
So many judgments
Our father took us to our district administration, Perambalur and gave them countless petitions to remove the encroachment on our land and to measure and to get patta to our house site and so far no action has been taken.
When asked why the patta cannot be issued, they say, "Your property is on the street in the UDR, so the patta cannot be issued."
How to correct what is incorrectly referred to as street in UDR?
Why refuse to accept the Supreme Court judgment and amend the UDR?
Is the UDR bigger than the Supreme Court judgement ?
Our father passed away on 15.10.2019 due to these 33 years of unbearable depression.
Is it wrong to be honest sir?
We humbly ask yourselves to help us fully to deliver justice.
Thank you sir.
- J. Arun Kumar,
Perambalur (DT),

P. Venu (Advocate)     12 November 2020

Was the State a party to the proceedings? Who is in possession /occupation of the property?

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