Legal Question in Real Estate Law in India

removal of encroachment

I won a case on appeal and applied for execution of the judgment for the removal of obstruction. Incidentally, the judge who hears the Execution Petition is the one who dimissed my suit at the lower court level (original suit). Should I go through the motion of execution petition under this judge or appeal for disposal under a different judge?


Asked on 12/12/08, 6:29 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: removal of encroachment

You may continue with your execution petition with the same court. Judges are not prejudiced if their judgments are over-turned in appeal.

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Answered on 12/12/08, 8:59 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: removal of encroachment

Do you have choice?

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Answered on 12/13/08, 2:10 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: removal of encroachment

Your details needs to be examined.

Please contact personally.

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Answered on 12/12/08, 7:01 am
Nasir Butt Nasir Law Associates

Re: removal of encroachment

Trial court is the execution court. No need to file separate application.

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Answered on 12/12/08, 10:48 am


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