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Registered Sale Deed, Need Remedy for Possession
28-Nov-2023 (In Property Law)
What is the remedy if we have lost the suit for possession for non prosecution as plaintiff but have won the Suit for Declaration as defendants of the registered sale deed? can we take the possession of the property without re filing the suit for possession?
if you've won the suit for declaration, then you need not refile a suit for possession, unless of course you are out of possession and are having difficulty in claiming possession. even in that case, filing execution may be a preferred option. moreover since the suit for possession was dismissed for non-prosecution, it will not have any bearing.
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Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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your case involves very peculiar facts and without reading the case files it is not appropriate to answer the query. civil law is very complex and you need a solid advice which can not be provided without personal meetings. your case involves preposition of res judicata. show your case file.
Thanks
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Adv. Rajinder Pal Singh
Delhi | 200+ Answers
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