• Execution of decree

case was filled by son against father to claim share from sale of   property inherited by him from his father.Later on family settlement was filed in the court and it was decreed through lok adalat.in favour of son.One part of decree of cash payment had been done. where as second part of decree to release the property mortgaged to bank had not been done. can son file CONTEMPT OF COURT proceedings against his father. All this was to be done after sale of inherited property which stand sold
Pls advice
RK Dhingra
Asked 1 year ago in Civil Law from Mohali, Punjab
1) son should issue legal notice to father to comply with court orders . 

2) if father fails to do so sso son can take out contempt of court proceedings against father 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1. Since the settlement was reached in the court both the parties are obligated to act in accordance thereof.

2. Contempt proceedings can be initiated if either party has not carried out the terms of settlement.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, don't go for filling contempt petition based on the compromise petition if the one of the parties failed to act as per the terms of the compromise you have to file a execution petition in the court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
It is advisable that the a legal notice is issued to the father attaching the Order passed by the court for due compliance and if the father is not complying with the order, a case of contempt be filed against him. Since only part performance is done, contempt will be admitted only for the part of the order which is yet to be complied.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1)you have to make application to court for placing case on board for admission . 

2) it should take a year for petition to be admitted . 

3) your father will comply with order if he wants to avoid being hauled up for contempt 

4) appeal can be filed but chances of success are bleak 

Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
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1. Contempt matters can be decided in a single hearing. 

2. The decision of a lower court can always be challenged in a higher court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1. The property was mortgaged with a Bank while taking loan,

2. The mortgaged property can be released by the Bank only when the outstanding is cleared,

3. Was it mentioned in the Court Order as to who will settle the outstanding to get the mortgaged deed released?

4. If the father was to settle the outstanding and get the mortgage released then he has failed in doing so,

5. File an execution petition first with a prayer to arrest him in case of his failure to execute it.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
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1. Comtempt petition will take time time,

2. You shall have to file execution petition after getting the decree/order.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
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son can file suit for execution of decree. court has power under order 21 of c.p.c. to execute the decree either by forfeiture or arrest of judgment debtor( father). contempt of court will not  be the appropriate measure for execution of decree. it takes very less time to execute. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0

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