EXECUTION: PROCESS FOR REALIZING A COURT ORDER/DECREE

INTRODUCTION

Hello Friends, today we shall talk regarding the steps one should take once a court decree / order is being passed in favor of a litigant. This happens once a particular litigant eventually wins a case filed before the court of law. The process of realizing the fruits of the case can be termed as execution.

Now, in simpler terms it can be understood that broadly two types of execution may take place:-

1. WITH RESPECT TO CERTAIN SUM OF MONEY e.g. a MONEY DECREE;

2. WITH RESPECT TO A CERTAIN IMMOVABLE PROPERTY

Let us discuss the above two scenarios one by one:

If A files a case against B for recovery of sum of money and eventually wins the case, in such a scenario, B has to pay the said amount to A. However, if despite the said order, B refuses to pay the said amount or delays the payment, in such an event, A can file a case for execution against B for executing the said amount. This can be done either by attaching the movable properties of B or attaching the immovable property of B of the like amount.

Now, suppose A files a case for recovery of certain immovable property of B, and eventually wins the case, in such a scenario, A can file the execution petition and obtain an order for attachment with respect to the said property.

Conclusion

Merely wining a case in a court of law against your opponent may sometimes not be enough, in such cases, the process of execution is to be followed with due course of law.

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