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Vishal (Team Lead)     05 February 2018

Judgment execution proceedings

Hello Respected Senior Matter Experts,
Honourable court gave the judgement for executing Sale Deed for a plot in my mother's name for a 8 yrs running civil suite. The judgement was passed two years back and honourable court asked the other party to do the sale deed within 60 days else we can execute it through court commissioner.

However the other party has then filed a RCA sorting a clearance from person who had POA and sold the plot to us. The POA holder was also appointed by the other party to carry out the transactions on their behalf. Also the POA holder was cross examined by court while the judgement was released.

I seek your guidance on:
1. how can the execution proceedings be started as per court judgement
2. How to suppress/bypass the RCA
3. Time that will go to carry the execution proceedings

We have taken the procession of the plot based on the court order two years back.

thanks and regards,
Vishal



Learning

 5 Replies

R.Ramachandran (Advocate)     05 February 2018

Have you consulted your lawyer?  What did he say?

Vishal (Team Lead)     05 February 2018

My lawyer has been taking dates and said RCA is causing a stay on the execution proceedings. It is close to 2 years now and so wanted to know alternate options.

(Guest)

1. how did you take possession without a execution?
2. can you elaborate on the RCA..and what exactly was this filed for?

 

SHIRISH PAWAR, 7738990900 (Advocate)     09 February 2018

As per your Advocate RCA is causing stay then have you verified about stay. You can fightout the RCA then proceed with execution proceedings.


(Guest)

hello,

what is RCA? is it the rent control appeal.?

how is rent control involved here?

 


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