Sir in the execution proceedings the court won't change the order the other side is just called for execution. Though the other side can go for appeal of the order. The court will give execute the order in some time though may take 2-3 more hearings.
Whether the judgement order can be changed
Hi, there was a dispute in my agricultural land, neighbour made mud road on my land with the help of political power. I filed civil case in 2016 and now I got permanent injunction order to my whole land and neighbours are restrained.still the neighbour is using the road. So I filed execution for provide police protection to close the mud road and do fencing to my land. After filing execution the court given summons to my neighbours and their lawyer came and put vakalath and court given date for February 2019. Pls tell me why court is calling again for defendants (neighbours). Is there any chance to change the decree order by the same court . How much time will court take to execute the order (give police protection)
Asked 7 years ago in Civil Law
8 Answers
No appeal has been filed against impugned order by your neighbour
2) it is final and binding
3) since you are seeking to execute order by seeking police protection out would hear your neighbour before passing orders
4) local lawyer can guide you as to time taken for execution proceedings in your city
Dear Sir,
It is the procedure as laid down under Order 21 of CPC. Please read entire Order 21. CPC can be divided into two parts Order 21 as one Part and other portions of CPC as second part. Execution is such a big matter. You just cooperate with the lawyer.
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Code of Civil Procedure 1908
ORDER XXI : EXECUTION OF DECREES AND ORDERS
32. Decree for specific performance for restitution of conjugal rights, or for an injunction
(1) Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced 18[in the case of a decree for the restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction] by his detention in the civil prison, or by the attachment of his property, or by both.
(2) Where the party against whom a decree for specific performance or for an injunction has been passed is a corporation, the decree may be enforced by the attachment of the property of the corporation or, with the leave of the Court by the detention in the civil prison of the directors or other principal officers thereof, or by both attachment and detention.
(3) Where any attachment under sub-rule (1) or sub-rule (2) has remained in force for 11[six months] if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such pro be sold; and out of the proceeds the Court may award to the decree-holder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his application.
(4) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or where, at the end of 11[six months] from the date of the attachment, no application to have the property-sold has been made, or if made has been refused, the attachment shall cease.
(5) Where a decree for the specific performance of a contract or for an injunction has not been obeyed, the Court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to be done may be done so far as practicable by the decree-holder or some other person appointed by the Court, at the cost of the judgment-debtor, and upon the act being done the expenses incurred may be ascertained in such manner as the Court may direct and may be recovered as if they were included in the decree.
Illustration
A. a person of little substance. erects a building which renders uninhabitable a family mansion belonging to B. A, in spite of his detention in prison and the attachment of his property, declines to obey a decree obtained against him by B and directing him to remove the building. The Court is of opinion that no sum realizable by the sate of A's property would adequately compensate B for the depreciation in the value of his mansion. B may apply to the Court to remove the building and may recover the cost of such removal from A in the execution proceedings.
They cannot challange the decree in this suit but they can defend execution by asking time so that they can file appeal by submitting condonation of delay. Or can just waste time by taking dates and continue using the road till date of execution of decree.
If court is not coming together party how the court can pass order without out listening the opposite party this is a normal procedure to call the opposite party and other accordingly.
Hello,
No the order can not be changed without filing an appeal against the said order.
As a rule of law in execution proceedings also, it is mandatory for the court to send notice and listen to the opposite party.
You will get the same by the next date or the next date thereafter.
regards s
Dear Client,
Instead of execution, you should have filed contempt for violating court order.
And for every separate proceeding, court will issue summons.
Don't worry execution proceedings are different proceedings taken up by the different court other then the court who have given the judgment in your favour, nothing is going to change , order of the court given in your favour can only be challenged in appeal in higher court.
