• Execution petition.

In 1976 their was a compromise decree for 21 acres of land in three different syno. from the aggreement of sale executed in 1962. an EP 58/84 filed for the first compromise decree in this EP Parties entered into another compromise decree on [deleted](Second Compromise decree) DHR/Plaintiff was allotted 12 acres, and EP is closed.

30-06-92.(MRO file No.C/7/1992) After compromise decree, DHR/Plaintiff, instead of approaching
the executing court, for registration of the sale deed, Basing on the said compromise decree, the MRO after collecting the Stamp duty and registration fee, with the consultation of the concerned Subregistrar,has issued a certificate, 
[deleted] After issuing the above certificate, the petitioners/Defendants have preferred the
present appeal before the concerned Revenue Divisional Authority claiming that the MRO has not
given any notice before issuing the said certificate and also the MRO has no jurisdiction to entertain
the said case.The RDO opinioned that since it is a decree passed by a civil court and that the MRO
has rightly passed the said order and hence there is no need to middle with the orders of the lower
court and accordingly the appeal is dismissed.
[deleted] As against the orders of RDO, the Revision Petitioners/Defendants have preferred the
present Revision. After due enquiry, the Joint Collector has dismissed the Revision and confirmed
the orders passed by the below revisional authorities. of the A.P. Rights in Land and Pattdar Pass
[deleted]. As against the said orders of joint Collector, the Revision Petitioners/defendants have
filed a Writ Petition before the High Court. The Hon’ble High Court has confirmed the orders of
below authorities and dismissed the Writ Petition. In its orders, the High Court has disclosed that
the plea of not issuing notice cannot be raised at this point of time and the revisional authorities
have rightly passed the orders as per the Act.
[deleted] As against the said order, the Revision Petitioners preferred this Writ Appeal before the
Division Bench. In this, the Division Bench has quashed all the orders passed below authorities and
also set aside the orders of the High Court, Single Judge.
SLP NO. 10907/2005. As against the said orders, the DHR/Plaintiff preferred this SLP and the SLP
is Dismissed on 13/10/2015
my lawyer filed two petitions EA 744 to open EP 58/84 and EA 745 to execute the sale deed of the second compromise decree for 12 acres. after the supreme court order in 2015.
Q1 Can we open the EP 58/84 and execute the court compromise decree.
Q2 or need to file fresh EP For the second compromise decree for 12 acres with limitation act section 14 for condonation of time spent from 1992 to 2015.
Asked 4 years ago in Civil Law

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4 Answers

1) EP 58/84 cannot be reopened at this stage

2) you should file EP for second compromise decree of 12 acres for condonation of time spent from 1992 to 2015

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

The EP can be reopened or a fresh EP can be filed with a petition seeking to condone the delay due to the time consumed on the pending litigation.

The pending litigation can be cited as reason for seeking to condone the delay in filing the fresh EP if the court is not allowing to reopen the previous EP.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

As mentioned earlier EP 58/84 cannot be re opened at this stage

2) file. Fresh EP . Time spent in wrong forum would be excluded

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Filing a fresh EP, sometimes it may get dismissed by not considering the reason for delay, hence you may reopen the EP and wait for the orders of the court, if the court directs you to file a fresh EP, or if it dismisses the re open petition,m then you may file a fresh EP.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

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