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Execution to be filed after obtaining the decree against tenant
05-May-2023 (In Landlord/Tenant Law)
Respected Sir/Madam In my case I had won the case against my tenant .In the judgement I had got a degree against tenant . I want to know from the date of degree how much time does we have on our part to file an execution against the tenant in terms of law.In judgement 15 days are given to the tenant for disposing his bussiness from the date of degree.Can tenant has right to go to the high court directly against the whole judgement without going to session Court.
Hi
Original time period to file execution is 12 years from the date of passing of decree. In your case you can file appeal after the expiry of 15 days from the date granted by the court. However, further opinion can only be given on reading the judgment.
Original time period to file execution is 12 years from the date of passing of decree. In your case you can file appeal after the expiry of 15 days from the date granted by the court. However, further opinion can only be given on reading the judgment.
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Adv. Chetan Rai Wahi
Delhi | 25+ Answers
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hi if he file appeal in the superior court with in period than you have to wait to decide the appeal . after that you can file execution any time . order 21 cpc describe the execution proceedings. you have to wait from 30 days to 90 days ( appeal period depend upon which court you got the judgment) .
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Adv. Alok Rattan
Delhi | 100+ Answers
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If it was a case under the DRC act then you can't file for execution till 6 months and this would be written in the decree also if you would read it, and best course for you to follow here is to file a CAVEAT petition in the High Court
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Adv. Nishesh Gupta
Delhi | 25+ Answers
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You have 12 years as Limitation for filing of the Execution Petition.
Yes the tenant can go to High Court directly and seek a stay and also go to Appeal so a Caveat should be filed that will enable your or your cousins to be present in court and update court of all facts and defend your self from stay or admission of your Revision or Appeal
Yes the tenant can go to High Court directly and seek a stay and also go to Appeal so a Caveat should be filed that will enable your or your cousins to be present in court and update court of all facts and defend your self from stay or admission of your Revision or Appeal
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Adv. Madhu Tyagi
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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