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Author Topic: Multiple Execution Petitions on One Decree for Eviction and Damages  (Read 1216 times)

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Offline Madhvi

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I am landlord and have obtained decree for eviction with due rent+damages against JD in the same decree. JD had contested and lost. The court has given the JD 3 months time to vacate.

My question is
1> If after 3 months, the JD has still not vacated nor appealed, do I have to seek courts help by filing execution petition to gain possession, or can I take possession on my own or seek police help based on court decree ? In other words, is EP mandatory or optional for the DH ?

2> Can I file an Execution Petition to attach his property to recover the moneys awarded before the 3 months have elapsed ?

3> Assuming I do nothing for 3 months and JD has not vacated nor appealed,
which of the following options are available to me and which is preferred
a) file a single EP to attach his property and to evict him
b) file 2 separate Execution Petitions simultaneously (one for eviction and another for attachment) for faster action
c) first file EP to evict him then after that is successful file another EP to attach his property with amount of damages being calculated up to date of success of first EP.

4> The defendant has 2 properties in his name. Can I file separate execution petitions for attaching each of these or should both be attached in a single Execution Petition ? If both options are available to me then which is preferable and why ?

5> What are the consequences of filing EP to arrest JD ? Will it negate my EP to attach JDs property if he is arrested ? Where can I see the scales of batta/sustenance allowance for different classes ? Approximately how much I will need to pay for JDs sustenance while his is in jail ? If he does not declare insolvency and does not pay the dues to me, can he get bail ?

6> I have read that the problems for the person seeking justice begins after getting the decree. Can the JD stay or prolong the EP by any way other than appealing in high court ? Approximately how much time will execution take in my case and are there any tips you can share to save time and hazel ?

I appreciate the knowledge shared on the forum and look forward to reading your reply,
Thank You for your Attention,

« Last Edit: June 27, 2015, 11:02:20 AM by Madhvi »


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