Legal Question in Appeals and Writs in India

Execution Petition

Please let me know whether True Copy of decree and judgment of Original Suit and Certified Copy of decree and judgment of Appeal Suit can be submitted for Execution Proceedings based on the verdict of Appeal Suit which was delivered on Nov. 27, 2007. Core issue is getting a Certified Copy of decree and judgment of Original Suit is getting delayed in Madras High Court and I am unable to enjoy the fruits of judgment even after 9 months.


Asked on 9/15/08, 11:25 am

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

Re: Execution Petition

Depending upon facts of each case, normally the judgement and decree passed by the trial court merges into that of the appellate court; therefore, you should be able to file execution on that basis.

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Answered on 9/15/08, 7:32 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Execution Petition

Yes you can

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Answered on 9/17/08, 8:36 am
Satyajit Patra Satyajit Patra

Re: Execution Petition

Where a certified copy is applied for a true copy with the permission of the court may be allowed.

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Answered on 9/15/08, 1:00 pm


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