Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Execution petition - proess - share

hi ,

in case of a partiton suit,once a final decree is received,what exactly is the process of execution petition. how long does it take to get the EP disposed. what doest it mean by execution here.des it mean the decree holdr going and take over his share of property /or askign for police to get it executed. does the execution petitin also goes throug any steps and is there any hearing involved in it. kindly clarify the execution process



Learning

 2 Replies

balas (Chartered)     13 January 2018

MInal,

In case you have to go through the process of Execution, you need to file an EP in court with the OS court verdict. This process is like any other suit.  Although this should be completed at the earliest, since EPs take precedence then OS, it resides in law books and not in practice. It takes several years or decades to have an EP settled. On EP being ordered, covering a petition seeking Police Protection, Revenue Authorities ( if agricultural lands ) a baileef or ameena will be appointed to oversee EP execution and delivery.  Dont feel surprised if objections are raised at the time of baileef handover and you need to revisit the EP Court to have it firmly delivered to you by getting another suitable order.

Bala Srini FCA., LL.B.

surendra prakash agrawal (advocate)     13 January 2018

Before accompanying Baileef or Court Amin, please ensure that he is having leather Belt with brass symbel theereon. Only thereafter, Amin will become Govt representative else he is an ordinary man. 

Secondly, a letter should remain ready in advance addressed to nearest Police station or choki except to sign, if any untoward situation is apprehanded during execution. This will protect to Decree Holder, Advocate, Amin & all other who have common aim to get the petition executed peacefully.

  


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