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After final decree over how to recover possession?
08-Mar-2026 (In Landlord/Tenant Law)
Sir,
Since my final decree is delayed since 7 years i applied for writ of mandamus submitting B DIARY Till Date with IA copy. My query is in case final decree is ordered against my 3 brothers who are in joint possession of evicted portion from tenant, how to recover my 1/4th portion ? Shall I apply for separate recovery of possession in same court or court itself demark my portion and order respondents to handover my portion? Final decree should be registered with subregistrar office?
Once the Final Decree is passed, you do not need to file a fresh suit for recovery of possession. Instead, you must file an Execution Petition (EP) in the same court that passed the decree.
​Appointment of Commissioner: Under Order 26, Rule 13 of the CPC, the court usually appoints a Court Commissioner (often a civil engineer or surveyor) to physically demarcate the property by metes and bounds according to your 1/4 share.
​Warrant of Possession: After the court accepts the Commissioner's report and finalizes the partition, it will issue a warrant of possession. If your brothers refuse to hand over the portion, the court can provide police assistance to ensure you get physical possession of your demarcated area.
Helpful?
Adv. Hemalatha Narayanan
Chennai | 100+ Answers
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