• Execution of eviction judgement

I have judgement from the trial court and court ordered to handover the property in 2 months and pay dues of 6 lacs.

on 25 th august this date is over, nothing happened so far 
what are the next steps
Asked 4 years ago in Civil Law

6 answers received in 10 minutes.

Lawyers are available now to answer your questions.

28 Answers

Take out contempt of court proceedings against the tenant for failure to vacate premises inspite of court orders

2) I presume no appeal has been filed against eviction order

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You can in alternative take out execution proceedings against the tenant

Contact local lawyer

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Execution is the medium by which a decree- holder compels the judgement-debtor to carry out the mandate of the decree or order as the case may be. It enables the decree-holder to recover the fruits of the judgement. The execution is complete when the judgement-creditor or decree-holder gets money or other thing awarded to him by judgement, decree or orde

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Hi

There are most probably two steps now....

1. File an execution suit for the execution of court orders.

2. If execution still not carried out then go for contemp of court complaint.

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Execution petition can be filed in court, even if the degree is passed in Bangalore.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Execution petition can still be filed even if the other party has preferred an appeal before High Court but such a petition cannot be filed once the other party succeeds in getting a stay order from high court

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Please file an execution application

The tenant appeal is not yet admitted and there is no stay

In meanwhile if your execution application is decided finally, then tenant appeal will become infructuous, i.e of no use

You will have to take hearing on your execution application out of turn by citing some unavoidable urgency

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

If appeal is pending you cannot take out execution proceedings pending hearing and final disposal of appeal

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You have to file an execution of decree before the same court which gave the decree the court will order accordingly for execution of the orders,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir the specific provision for this is order 21 under CPC where court order for implementation of order you can also file a contempt along with it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

if the appeal is not admitted there is no stay on the order hence execution can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, as you have stated that the court order is in your favour where they were asked to vacate within the period of 2 months, and the same have not been complied.

Secondly, you may file an execution decree despite the fact that they have filed an appeal which is yet to be admitted.

Thirdly, you may also file a contempt case in the High Court only for the compliance of the order instead of filing execution decree as this would take more time than contempt proceedings.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

File an Execution Case in the same court to enforce the order and decree then you can get relief.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Hello

The judgement and decree of the trial court has to be executed. You Have to file for execution. Then only the decree can be given effect to.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

File execution petition after notice is served seek for delivery of possession and arrest of judgment debtor for recovery of dues. If he does not hand over possession seek for delivery of possession through police help. Since the case is not admitted in high court you can proceed with execution proceedings from court which passed decree in your favour.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

File a petition for execution of the order before the District Judge

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the appeal has not been admitted then they have to abide by the order of the lower court

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may get in touch with me if you need some local advocate in Bangalore

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As the appeal is done you cannot do anything currently. If appeal is admutted then you have to wait for decision of the appeal. But if it is not admitted then you can file execution petition in court which gave the judgement to execute their judgement and court will recover it for you.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Even if it is yet not admitted does not mean it is dismissed. Till its dismission you cannot take any further action. If it is dismissed then you can file execution petition.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear concerned

For any such judgement an execution need to be filed. In an execution of bending over of property the court will appoint bailiff and you should also seek for police protection for vacation of this property. Bailiff in presence of police will get this property vacated.

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

jUST AFTER JUDGEMENT DECREE YOU SHOULD PROCEED WITH EXECUTION OF JUDGEMENT PASSED BY LOWER COURT.

EVEN THOUGH IF THERE IS NO STAY OR ANY ADMISSION THEN YOU CAN PROCEED WITH EXECUTION OF DECREE.

Arihant Nahar
Advocate, Indore
130 Answers

4.8 on 5.0

Please take immediate steps for Pairvi(Means file again the expenses of service in the court in which the case is under execution) before this you should go to the court and inspect the file so that you should know whether Pairvi is complete or not in some case we find this, if Pairvi is complete then steps for attachment has to be taken place, move an application in the same court which has passed the orders.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear Client,

You need to for an appeal.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

File execution, until no stay from HC, order in currency.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file an execution petition to execute the order of the court.

After the expiration of the period for preferring appeal, you may contact your lawyer to file the apepal.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

This case is in bangalore if any one can give local specific answer it will be even helpful

You may have to file an execution petition to execute the trial court judgment and order.

If the jurisdiction falls within the same court then you may file EP in the same court.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

tenant file an appeal application in high court not yet admitted

If there is no stay order by the high court agaisnt the judgment of the trial court, you may proceed with the execution petition to execute the decree.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer