Limitation for preferring an appeal from order of court is 30 days to other court and 90 days to high court the period has lapsed as such he cannot appeal. You can file caveat in high court so that he cannot get a stay without hearing your side. Secondly execution petition is filed when a person disobey court decree for enforcement of court order. Your lawyer has guided you properly and if court has ordered mense profit then your dad will get money or else only court will evict him through help of police
Can we challenge eviction suit?
My previous question reference is here : https://www.kaanoon.com/13340/injustice-demand-by-father-s-brother-for-sake-of-property After lots of inputs provided by experts over here, I had convinced my father to file eviction suit in the court through a family friend who is a lawyer. Court took 1 year of time and asked us to submit all documents (Property papers, Electricity Bill, Loan Papers, Property Tax bills) as evidence. We filed 11 pieces of evidence and submitted the same in court. Court had sent summons to my father's brother and he accepted the same but never showed up in the court (maybe he doesn't have any documents to prove or so). Court gave 3 chances to him and questioned my father on the final hearing. After examining the evidence, Court gave judgment for the case filed by us and ordered my father's brother to vacate the premises in 3 months along 'decree with costs'. The ideal deadline for him to vacate the property is 7th september 2018. We see no signs of evacuation of the property by my uncle though the dead line given by court is just couple of days away. We informed the same to lawyer and he told us that he will file Execution of Petition. What is the execution of the petition? Will my father gets his hard-earned property? Will court evacuate my uncle and handover us the property? Is there any possibility that my uncle can approach higher court (District level) to get a stay on the execution of the court order beforehand and produce it when the Ameena comes to forcibly evacuate the property? If possible, how to check-mate that step? Please help by providing the suggestion on how to get the property back to my father. This is the only gift I can give to him in this life. Regards Krishna Chaitanya
Asked 7 years ago in Property Law
Religion: Hindu
11 Answers
Dear Client,
Through execution petition, order of court complies through court officer. He will go to property with police and get the property vacated.
Stay possible by filling appeal but first court will issue notice to you so less possibility of such stunt.
If appeal filed, contest it and pursue execution petition.
If uncle fails to vacate premises as per court orders take out execution application
2) Supreme Court has ruled that recalcitrant tenants can be forcibly evicted by the police if they fail to vacate the premises within the deadline given by the court.
A bench of justices Markandeya Katju and Gyan Sudha Mishra said that it was passing the extraordinary order as it was vexed with the increasing number of cases in the country where tenants are refusing to vacate despite orders from even the country’s highest court.
“We further make it clear that when this Court allows the petition/appeal of the landlord or dismisses the petition/appeal of the tenant and grants some time to vacate the premises in question and if the tenant does not vacate within the time granted, the tenant shall be evicted by police force.
“This is a general direction we are passing because we are coming across several cases where the tenants are not vacating the premises in question despite granting time by this Court or despite furnishing an undertaking to this Court with a result that the landlord has to initiate contempt proceedings or any other proceedings.
“Hence, we give a general direction that when tenant’s petition/appeal is dismissed and he is given time to vacate then on the expiry of that time, he will be evicted by police force if he does not vacate of his own. If any extension of time to vacate is desired, that application should be filed well in advance,” Justice Katju writing the judgement said.
The Supreme Court passed the order while dealing with an interlocutory application moved by a tenant Ram Prakash Sharma seeking further time to vacate his rented premises.
“In the facts and circumstances of the case, time to vacate the premises in question is extended till 31st August, 2011 and if the tenants do not vacate on or before the said date, they will be evicted by police force,” the bench said in its order.
Early last week the bench had summoned Delhi’s Additional District Judge Archana Sinha for giving a stay on the eviction order passed by the Supreme Court.
Furious at the judge’s conduct, the court had directed the Chief Justice of the Delhi High Court to initiate disciplinary action against the judge.
3) if uncle has filed any appeal then execution proceedings would be stayed pending hearing and final disposal of appeal
file a caveat in higher court so that you are notified in advance about any challenge which your uncle may prefer against the eviction decree
1)A Civil Decree or order to be executed by filing Execution Petition - the Decree will be executed by the Court as per the Relief prayed for and as per the procedure prescribed under cpc.
2)yes he can appeal in high court .
Dear Client
In an Execution petition the court appoints a baliff who will go to your property take all the goods in his possession and will handover to you the vacant possession of the property.
The stay against it can only be granted by the HIGH COURT and no other district court can grant a stay to the eviction order. To counter it you must file a caevat in the High Courr if you have apprehension that the other party may appriach for stay.
Adv Vikas
Sir execution is the enforcement of the court order, the court further give direction to police or other state machinery to enforce and execute the order., for recovery of the cost the property or account of the uncle can be attached.
Yes father shall get the property as decree is in favour the court shall pass an order to hand over peaceful possession of the property to the father,
Uncle can file an appeal on the order of the lower court and can seek stay since the period of the appeal is over uncle has to first get the delay condoned. A caveat has to be filed before the appellant court so that no order of court is passed without hearing you.
1. Once the decree passed by the civil court is not honoured then execution petition is the only remedy to execute the decree. In execution proceedings the court will order the eviction of your uncle through bailiff and police assistance can also be given if found necessary.
2. Your uncle is free to avail his statutory remedies to challenge the judgment and decree in the higher court.
3. The higher court can stay the execution proceedings during the pendency of the appeal/revision.
hello
the decree was awarded in your favour but he is not vacating the premises. your lawyer should file for execution so that the court may execute the decree and evict him. yes, he can appeal against the decree to the higher courts but it depends upon the evidence he has and the money he has to spend on a case which has no merits.
regards
1. You shall have to file execution petition before the said Court.
2. After order is passed and the order is not complied with by the other side within one month thereof, execution petition is filed praying before the Court for directing the police and Amin to get the property vacated.
3. The other side can of course challenge the said ex-parte eviction order which shall have to be contested by you.
4. You should file Caveat petition before all the concerned courts including the High Court to ensure that the other side can not get the stay order ex-parte without your getting the chance to oppose his petition for the said stay.
Execution petition is a petition seeking court to guide you to execute the decree given in your favor as per provisions of law.
Since your uncle has not contested the case in the trial court itself, it is unlikely that he may approach the appellate court with an appeal agaisnt this judgment, however you may be cautious about it.
