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Author Topic: property suit - execution  (Read 329 times)

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Offline learner9999

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property suit - execution
« on: April 25, 2018, 03:52:48 PM »
hi please clarify on the below party A and B were in a civil suit at a district court.
party A and B are legal heirs fighting for share of their ancestral property . party B is in possession currently.

party A had won the case. while case was pending ,party B settles the entire property to his son party C. if party C tries to initiate a suit in munsif court,which is the lowest court ,will it be admitted? if it gets admitted, does this affect party A from filing execution or taking possession of the property. still not clear how party C was able to get his case admitted.


Offline advjaibansal

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Re: property suit - execution
« Reply #1 on: April 27, 2018, 01:32:22 AM »
Dear Sir,

As there is a decree in your favour, please file the execution petition. Let the execution court decide, how to execute the decree in your favour.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: property suit - execution
« Reply #2 on: April 28, 2018, 10:53:22 PM »

Dear Sir,

As per the amended provisions law no fresh suit is maintainable once property is subject matter of execution. Please engage a competent lawyer or take proper guidance other wise you may not enjoy the fruits of the decree
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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