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Clarification on time period to file for execution of decree
02-Apr-2023 (In Civil Law)
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.
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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Adv. Manish Batra
Delhi | 25+ Answers
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What is the period of execution?
The Execution Period is the time period that begins with the date the Notice of Proceeding was issued and ends on the Date the Work is Completed.
What is the limitation for execution of decree in specific performance?
The prescribed limitation period for a lawsuit of specific performance is 3 years after the date of performance, or if there is no date set for performance, the date the plaintiff is notified that the performance has been refused[31]. 18-Jun-2020
What is the time limit for execution of compromise decree?
If the compromise decree is a mandatory injunction decree, it must be executed within three years according to Article 135 Limitation Act. If...the decree is a simple compromission decree, a period of twelve years can be used for its execution under Article 136.
What is the timeline for execution petitions?
Code of Civil Procedure 1908; Order XXI- Execution Proceeding - Execution Courts must decide the execution proceeding within six months of the filing date - They are required to provide written reasons when they cannot resolve the matter.
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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Adv. Amit Gaurav
Delhi | 200+ Answers
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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.
The execution petition shall be filed in the same court which passed the judgement and decree in your favour.
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Adv. Rajesh Kumar
Delhi | 25+ Answers
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The law stipulates that execution proceedings must be initiated within twelve years of the date on which the order or decree becomes enforceable, or when the order or decree directs the payment of money at a specific date or recurring period or the delivery or transfer of property.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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