Execution petition civil case
4 months ago
I have won suit as well as appeal against suit both suit and appeal court has kept same judgement and decree, defendent didn't go to Bombay High court against first appeal, so case is finalised n decree for permanent injunction to not. To use residential flat for commercial purposes but defendant didn't stop, we have filed execution petition for same under order 21 rule 32 for attachment of flat eviction of judgement debtor as well as delivery of property and possession of flat and detention of judgement debtor for contempt of court order, do we have to demand possession of flat under section 47 of cpc to satisfy decree? Or do we. Have to amend plaint at this stage under rule 17 order 6 as judgement debtor has given flat to his servants for residential as per leave And licence agreement but his servants are using residential flat for commercial use. Under these changed circumstances can we amend plaint to get permanent injunction to be executed by way of possession of flat as without permanent possession it is difficult to stop judgement debtor from using residential flat for commercial purposes. Judgement debtor is not member of our apartment as per apartment act 1970. Case is in Pune court
All your remedies lies before the executing Court. You may go on filing several interim applications as proposed and she in which application you will get appropriate order in your favour.
Rule 17 Order 6 of the CPC could be a viable option to seek a permanent injunction for possession of the flat. This amendment could address the specific issue of the judgment debtor allowing servants to use the residential flat for commercial purposes. Before proceeding, it is advisable to consult with your legal counsel to ensure the amendment aligns with the specific rules and procedures of the Pune court and to discuss the most effective legal strategy in light of the current situation. Seeking possession of the flat under Section 47 of the CPC may also be considered in conjunction with the amendment, as it could be instrumental in satisfying the decree and preventing further violation of the court order. Legal professionals can provide tailored advice based on the details of your case and the applicable laws in Pune.
I am an obc category at central level
Water wastage complaint
CCTV on common staircase
Neighbour trouble
Neighbour trouble
