karthik (advocate) 09 July 2010

EXECUTIVE PETITION

WE HAVE OBTAINED DECREE IN THE LOWER COURT IN A CIVIL SUIT. BUT WE DID'NT INITIATE THE EP WITH IN 3 YEARS. WHETHER THE PETITION IS TIME BARRED. IS THERE ANY CASE LAW IN FAVOUR OF FILING TIME BARRED EP'S. IF ANY PLEASE REPLY....

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 09 July 2010

Limitation Act. The limitation to file an execution petition is 12 years, so you can file it even now.

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N.K.Assumi (Advocate) 09 July 2010

Concur with Archana.

Bhartiya No. 1 (Nationalist) 09 July 2010

Yes, u can go ahead with the execution of the decree obtained

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 12 July 2010

sir,

for executing the civil court decree the time limit is 12 years.

so still u have an limitation period u need not wory u can execute the decree in any mode u like

but before filing to executition petition u have to file rule 22 notice as the decree was not executed with in 2 years

karthik (advocate) 21 July 2010

sir,

the suit is for mandatory injunction and we obtained decree in our favour.what is the limitation peiod for filing EP

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 21 July 2010

karthik,

for filing EP regardig mandatory injjunction is 2 years.but as my my knowledge thee are several judgments of high court u need not worry.with in 2 days ill submit the citation.

once u look rule 106 may be it will be helpful.ill check the citations okay

thank you