• Execution vs contempt

Decree and judgement clearly says possession has to be handed over by 2 months from date of judgement or decree
two months is over why do we need an execution pet ion, why not take possession forcibly?
why do I need to run around the courts in the name of execution petition apparently in the case judge is colluded with the tenant. is favoring for last 5 + years .
why is this not contempt of court, my tenant is not kid , he knows courts just toothless and nothing happens in India that is attitude, why not we file contempt straight away?

All that tenant is saying court is in my pocket just do whatever you can do
Asked 5 years ago in Property Law
Religion: Other

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17 Answers

1) at the outset let me make it clear Court is not in pocket of any litigant 

 

2) judicial process is long drawn process but you get ultimately  results from courts 

 

3) you cannot take forcible possession 

 

4) if defendant has violated court orders for delivery of possession within period stipulated in court orders you can take out execution application or contempt of court proceedings against defendant 

 

5) in your case you have already taken out execution application. You cannot simultaneously take out contempt of court proceedings 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

Sir this is law the court provide legal ways to execute the order and punish the person in contempt.of it's.order going forceful is not prescribed and motivated under any law.

You can file.comtempt.straight.away once the time period is over.

Sir you may be correct to extent but you have to follow the law as prescribed under statute further there might be a delay but justice is granted and with due procedure and natural justice. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

if there is a decree / order and it is not obeyed by the opposite party then you need to file an Execution Petition for compliance of the same. In addition move a contempt petition also in the Court whose orders were not followed i.e willfully disobeyed. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

This is not a contempt the executive authority has to execute the order of the court and in case not executed due to certain reason you have to file execution petition

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. You can not enforce law by yourself. It is to be enforced by the law enforcing authority being directed by the Judiciary.

 

2.  So, file theb execution petition immeditaley based on which police will be directed by the Court to execute its order.

 

3. If you take law on to your hand, then you might be prosecuted as per appropriate section of Indian Penal Code and however unaccptable might be the judicial system in India, you shall have to follow it.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Have you filed for execution proceedings or not?

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

1) It simply means the process for enforcing the decree that is passed in favour of the decree-holder by a competent court. As per Rule 2 (e) of Civil Rules of Practice “Execution Petition” means a petition to the Court for the execution of any decree or order.

2) If there is a decree / order and it is not obeyed by the opposite party then you need to file an Execution Petition for compliance of the same. In addition move a contempt petition also in the Court whose orders were not followed i.e willfully disobeyed.

3) Contempt proceeding is within the jurisdiction of the High Court and not the trial court. It is strange but the lower court whose order has been disobeyed willfully cannot conduct the contempt proceedings. One has to go to the High Court and seek its guidance. There are conditions to it:
a) willful disobedience
b) No other remedy is available except the one the petitioner is seeking.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Execution petition is necessary to execute the decree given by court. Decree is executed only after execution petition is filed. 

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

File a writ petition before the high court to expedite the execution petition and further for law change you can write to law commission of India.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) you cannot avoid some delay 

 

2) since tenant had filed petition in HC and stay application has been dismissed he should vacate possession 

 

3) if he refuses to do so then you can take out contempt of court proceedings if he has undertaken to vacate the premises 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

There's a procedure to be followed as per law at every stage in a case before court.

If the judgment debtor is not delivering vacant possession then an execution petition is to be filed before the same court to execute the decree.

There is no reason to file a contempt petition against the JD.

If you would try to occupy the property based on the judgment in your favor without following legal procedures in this regard then it can be termed as violation of law and an illegal act, for which you will be liable to be prosecuted.

Don't take law into your hands.

You should not be frustrated or become impatient over the prevailing situation.

Discuss with your lawyer on further steps and proceed legally which will be the safest passage.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

Your frustrations cannot fetch you you any urgent remedy.

This is the law of the land and has to be respected.

The court cannot skip legal procedures due to your urgency.

Contempt petition is not maintainable hence your lawyer did not suggest a wrong move.

Better go by law and follow your lawyer who knows how to proceed with this case in furtherance.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

Please file a contempt petition 

Nothing stops you from that

Please also simultaneously file execution petition 

Both are independent proceedings 

Bring contempt petition on board out of turn by telling the Judge that tenant is trying to create third party rights in the property and thereby frustrate order of court decreeing possession 

If tenant is trying to evade service of notice by you, you can issue notice by a public notice in newspapers 

Also send notice by email or WhatsApp 

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

1. Forcefully taking over possession (despite court orders) is illegal and akin to taking the law into your own hands, and shall become a criminal offence on you. Hence do not do it.

2. Apply properly and take legal possession, for futuristic safety.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hello,

You have to wait for the execution petition to get disposed off . Ask your lawyer to try expediate the matter .

Regards.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1. One need not agree with the law but follow its provisions.

 

2. Our law is the copy of the British law which is perfectly working in the UK but we have found tonns of loopholes in our law.

 

3. During Brituish rule also, the same provisions of law acted perfectly well but not after we got independence.

 

4. It is not the fault of the law but because we are  dishonest.

 

5. However, execution might not take very long time and your Advocate can submit that the opposite side is managing to retun the service of the notice for which paper publication of the same should be directed. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Because this is not contempt. Execution petition is part of precedure. So it is nowhere a contempt. And as tenant have appealed to high court, after the case is closed by highcourt execution petition is necessary.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

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