Clarification on time period to file for execution of decree

Hello, My father gave 25lakh to one of our relative through RTGS.Do he denied to refund the amount so after giving so many warnings we finally filed the case in the session court. And we won the case after 6 years. So just need to confirm if in case he goes to high court so how much amount does he need to deposit in the high court and when will execution will be filed after decree.

Answers (3)

109 votes

You can file the execution petition within a period of 12 years from the date of judgement and decree of the court.
The execution petition shall be filed in the same court which passed the judgement and decree in your favour.

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92 votes

If you are able to establish that you have a good case you can get a order to deposit the decretal amount in fixed deposit in Court till final disposal of appeals.if decree is not stayed by the court you should file execution immediately.

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The time limit for filing the execution proceedings are the same as to period of limitation, i.e in the case in hand 3 months from the date of passing of decree. As per law, the appellant in order to get stay of the execution needs to deposit the entire decreetal amount which however can be released in your favoure subject to just conditions.

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