• Time period of enforcement of judgement

We live in Meerut Cantonment. In a case going on between us and the UOI a judgement was delivered in March 2016. Cantt Board is now giving us notices of demolition. I want to know that is there any time period in which the Cantt Board should have reacted? Someone told that the action should have been taken in 18 months, giving notices now after more than 2 years is wrong. Please advise.
Asked 4 years ago in Civil Law

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13 Answers

as per law if the decree of a civil court can be executed within 12 years from date of decree, i do not see any reason why the Board also cannot enforce the judgment after 2 years of it having been passed

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Citation

Smt. Haannurammabai Kalal ...

vs

Cantonment Board

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

It is necessary to peruse judgment passed aside st you

2) if you have lost the case notice for demolition can be given after 2years

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

There is no such time period as stated by you to enforce a judgment. You should have gone into appeal against that order instead. The cantt board can issue notices and is as per law. However if you can share with me the detailed order then I can suggest you the lakuna and remedy available as of now.

Adv Vikas khatri

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

12(Twelve) years but after 6(Six years or as on Six years) by the permission of the court.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

See the speaking order in judgement must have written it time of taking action, though not taking action for this much time does not give any right. No the judgement is not barred by limitation as the limitation is of 12 years . notice is not wrong.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear,

It's a civil suit lost by you, you own should vacate such place.

They can give you notice for demolition after 3 year also.

No such rule mention by you.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You cannot say that, however if you are aggrieved with the demolition notice, you may approach the High Court against the same. Having said that, just because they did not do nothing for 2 years, does not means that they are precluded to take any action against you in response to the direction given by the Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello

The judgment and order was delivered in 2016 and the defence authorities did not take any action upon it. Now they are giving you notices. You should have appealed against the judgment in the hc/anyways kindly share the order so that I can give you the appropriate advice.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

1. The time period within which the petition for execution of the court order can be filed is 12 years.

2. So, the Meerut Cantonment Board is within the limitation period in starting the execution process as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

No this is not true.

They can still reach out for the execution of the order.

The order was passed by who, the lower court of the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the judgment has been delivered in their favor, then in the absence of any stay through an appeal, the cantonment board may initiate steps to execute the court order in their favor.

This is not bared by limitation.

You may better prefer an appeal and obtain a stay order for the time being.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

Limitation period is 3 years.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

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