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Sureka Nagendhran (Senior Advocate)     23 August 2014

Need citation

Sir,

execution petition is filed by the decree holders and the delivery of possession ordered, thereby execution petition is terminated. thereafter after a year, there arose a dispute between the decree-holders and some of the decree holders split-ted and have filed an execution against the other part of decree-holders stating that earlier execution petition is unknown to them and their signatures were forged by other part of decree holders, so they need execution of delivery of possession to them. my question is whether second execution petition is maintainable or possible on the basis of the same decree? i need answer with citations



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     08 September 2014

Once EP has been satisfactorily executed and a full satisfaction memo has been endorsed and recorded by all the decree holders, the EP will remain terminated thereafter the question of reopening the same does not arise in the normal circumstances, however, if alleged fraud has been reportedly played upon, the court may at its discretion allow a petition for enquiry.  For citation, you may browse the internet.


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