Execution Of Decree In Property Case For Residential Property

If you are dealing with execution of decree for a residential property, this guide sets out the legal position, the documents you will need, the usual steps and the mistakes that cost people time. The firm of Advocate B.K. Singh handles this work from offices in Dwarka, New Delhi and Vaishali, Ghaziabad.

In short. A decree does not enforce itself. The decree-holder files an execution petition under Order 21 of the Code of Civil Procedure in the court that passed the decree, or the court it is transferred to. That court can deliver possession, attach and sell property, order arrest, execute a deed or punish disobedience of an injunction. Most decrees must be executed within 12 years.

Winning a property case is half the job. The judgment and decree tell the other side what to do: hand over possession, pay mesne profits, remove a construction, sign a sale deed, stop interfering. If the judgment-debtor does not comply, the decree-holder has to start a fresh proceeding called execution, under sections 36 to 74 and Order 21 of the Code of Civil Procedure 1908. Execution is where many litigants lose heart, because it brings its own objections, obstructions and appeals.

This page explains how execution of a decree works in property cases in Delhi, Noida, Ghaziabad and across NCR: which court executes, how the petition is drafted, how possession is actually delivered, how third-party objections are handled, the time limits, and how the process differs for tenanted, commercial, agricultural and government-owned property, and for decrees and awards that come from arbitration, Lok Adalat, consumer commissions, RERA and the DRT.

Law

Sections 36 to 74 and Order 21, Code of Civil Procedure 1908; Articles 135 and 136, Limitation Act 1963; section 52, Transfer of Property Act (lis pendens)

Forum

The court that passed the decree, or the court to which it is transferred under section 39; the executing court decides objections under section 47 and Order 21 rules 97 to 101

Time limit

12 years from when the decree becomes enforceable (Article 136); 3 years for a mandatory injunction decree (Article 135); no limit for a perpetual injunction

Documents

Certified copy of the decree and judgment, execution petition in the prescribed form, schedule of property, vakalatnama, process fee, address of judgment-debtors, details of assets for money decrees

What execution of a decree means

Execution is the legal process by which a court enforces its own decree when the losing party does not comply voluntarily. The person who holds the decree is the decree-holder; the person who must comply is the judgment-debtor. Execution is started by an application, usually called an execution petition, and it is decided by the executing court under Order 21 of the Code of Civil Procedure.

In property cases the decree can take several forms: delivery of possession of land, a flat or a shop; payment of money such as mesne profits or damages; a mandatory injunction to demolish or restore something; a prohibitory injunction not to interfere; execution of a sale deed under a specific performance decree; or partition of joint property. Each kind of decree has its own mode of execution in Order 21, and drafting the petition correctly for that mode saves months.

The executing court cannot go behind the decree. It cannot re-decide who owns the property or whether the trial court was right. Its job is to carry out the decree as it stands, while deciding questions about execution, discharge and satisfaction under section 47 and claims by third parties under rules 58 and 97 to 101. That limit cuts both ways: it protects the decree-holder from a retrial, and it means a vague or wrongly worded decree can be very hard to execute.

The main provisions on execution

Which court executes the decree

The default rule is simple: file the execution petition in the court that passed the decree. If the decree was passed by a civil judge at Tis Hazari, Saket, Karkardooma, Rohini, Dwarka or Patiala House, the execution petition goes to that court (or its successor if the court has been reconstituted). Decrees of the Delhi High Court on its original side, in suits above its pecuniary limit, are executed by the High Court itself. Decrees of the district courts at Surajpur for Gautam Buddh Nagar or at Ghaziabad are executed there.

If the judgment-debtor lives, works or owns property outside that court's jurisdiction, the decree-holder can ask the court that passed the decree to transfer it under section 39 to the court where the property or person is. Where the property to be delivered is outside the jurisdiction, transfer is the usual route. The transferee court then has the same powers as the original court for execution. Section 46 also allows a precept to another court to attach property quickly while the transfer is processed.

Type of decree and how it is executed

How to file an execution petition, step by step

The steps below assume a decree of a civil court in Delhi NCR. The court staff and practice vary slightly between court complexes, but the structure is the same.

1. Get the certified copies

   Apply for certified copies of the judgment and the decree sheet. Check that the decree matches the judgment and that the property schedule, boundaries and names are correct. If there is a clerical error, apply under section 152 for correction before executing.

2. Draft the execution petition

   Order 21 rule 11(2) requires particulars such as the suit number, names of parties, date of decree, whether any appeal was filed, payments or adjustments made, previous applications, the amount due with interest, and the mode of execution sought. The petition is filed in the prescribed tabular form with a verification.

3. Attach schedules and pay fees

   For possession, attach the property schedule from the decree with a site plan if available. For a money decree, attach a list of the judgment-debtor's known property, bank accounts and income. Pay the court fee and process fee and file the vakalatnama.

4. Notice to the judgment-debtor

   If the petition is filed more than two years after the decree, or against the legal representative of a deceased judgment-debtor, rule 22 requires a show-cause notice before execution. Even otherwise, the court usually issues notice before ordering coercive steps.

5. Warrant and execution on site

   Once objections are dealt with, the court issues a warrant of possession, attachment or arrest to the bailiff or nazir. In possession matters, apply for police assistance and for permission to break locks under rule 35(3) after warning, and keep a videographer and witnesses present.

6. Report and closure

   The bailiff files a report of what was done. If possession is delivered or money paid, record full satisfaction under rule 2 and ask the court to close the execution. If only part is satisfied, record that and continue for the rest.

Executing a decree for possession of property

A decree for possession of immovable property is executed under Order 21 rule 35. The court issues a warrant directing its officer to deliver possession to the decree-holder, removing any person bound by the decree who refuses to vacate. Where the property is a building or enclosure and access is not given, rule 35(3) allows the officer, after reasonable warning, to remove or break open locks and doors. Courts in Delhi and UP routinely direct the local SHO to provide police assistance on the date fixed.

If the property is lawfully occupied by a tenant or another person entitled to stay who is not bound by the decree, rule 36 provides for symbolic possession: the warrant is affixed on the property and the decree-holder is recognised as owner and landlord, and must then deal with the tenant under rent law or the lease. This matters in shops, showrooms, mall units and commercial floors that are let out. If the decree-holder wants vacant possession of tenanted premises, that is a separate eviction proceeding unless the tenant was a party to the suit.

Practical problems arise on the ground. The bailiff may find the property locked with household goods inside, a different family in occupation, or a structure that does not match the decree's description. Prepare for these: carry a copy of the site plan, photographs from the suit record, and an inventory format for goods to be removed. Where the decree is for part of a building, ask the court in advance to specify which rooms or floors. A possession warrant that comes back unexecuted because of a description problem can set the matter back by several dates.

Obstruction and third-party objections

Resistance to possession is the most common reason execution drags. Order 21 rule 97 lets the decree-holder (or an auction purchaser) apply to the court when he is resisted or obstructed. Rule 99 lets a person who is not the judgment-debtor, and who has been dispossessed in execution, apply to be restored. Under rule 101, all questions arising between the parties to these applications, including questions of right, title and interest in the property, are decided by the executing court itself and not by a separate suit. The resulting order under rule 98 or 100 has the same force as a decree and can be appealed under rule 103.

Typical objectors include the judgment-debtor's spouse, children or relatives claiming a separate share; a person claiming under a sale, gift or agreement from the judgment-debtor; a tenant claiming a lease; and a stranger claiming independent title or adverse possession. The law treats them differently. A person who took a transfer from the judgment-debtor while the suit was pending is caught by rule 102 and section 52 of the Transfer of Property Act, and cannot resist. A person who claims through the judgment-debtor is bound by the decree. Only someone with a genuinely independent right gets a full hearing on title.

When Advocate B.K. Singh is asked to take over a stalled execution, the first thing he looks for is the date of each objector's claimed right against the date the suit was filed. Many objections fall away once the court sees that the alleged agreement or tenancy came after the suit, or that the objector is a family member claiming through the judgment-debtor. Filing the reply with that chronology and the documents from the suit record usually shortens the objection hearing considerably.

Executing money decrees: mesne profits, damages and costs

Many property decrees include money: mesne profits for wrongful occupation, damages, arrears of rent, the refund of an advance, or costs. A money decree is executed under Order 21 rule 30 by attachment and sale of the judgment-debtor's property, or by detention in civil prison in limited cases, or both. Interest runs as the decree provides under section 34. If the judgment-debtor's assets are not known, rule 41 allows the court to examine him on oath about his property and to order an affidavit of assets.

Immovable property is attached under rule 54 by a prohibitory order forbidding transfer, proclaimed on the property and at the court and, for land, at the revenue office. Movable property, bank accounts, rent receivable and salary are attached under other rules; banks freeze the account on receiving the court's order. After attachment, the property is sold by public auction under rules 64 onwards, after a proclamation of sale under rule 66 that states the encumbrances and the amount to be recovered. The purchaser deposits 25 percent immediately under rule 84 and the balance within 15 days under rule 85.

The judgment-debtor can have the sale set aside under rule 89 by depositing the amount stated in the proclamation plus 5 percent of the purchase money for the purchaser, or under rule 90 by proving material irregularity or fraud that caused substantial injury, in each case within 60 days of the sale. The sale is then confirmed under rule 92, a sale certificate is issued, and the purchaser applies for possession under rule 95. Section 60 protects certain property from attachment, such as necessary clothing, tools of artisans and some agricultural assets, so ask the court to attach property that is actually saleable.

Executing injunction decrees: demolish, restore, stop interfering

A decree for a mandatory injunction (to remove an encroachment, demolish an illegal construction, restore a passage or reconnect a supply) or a prohibitory injunction (not to interfere, not to construct, not to alienate) is executed under Order 21 rule 32. Where the judgment-debtor had the opportunity to obey and wilfully failed, the court can order detention in civil prison, attachment of his property, or both. If disobedience continues after attachment, the attached property can be sold and compensation paid to the decree-holder from the proceeds.

For mandatory decrees, rule 32(5) is often the most useful tool: the court can direct that the act be done by the decree-holder or another person appointed by the court, at the judgment-debtor's cost. In practice that means the court authorises demolition of the wall or removal of the structure by a contractor under a court commissioner's supervision, with police assistance, and the cost is then recovered as if it were a money decree.

Remember the time limit. A mandatory injunction decree must be executed within three years under Article 135 of the Limitation Act, counted from the decree or from the date fixed for compliance. A perpetual injunction has no limitation, but each fresh breach must be proved. Keep dated photographs, videos, letters and witness details from the day of each breach, because the executing court will want evidence of wilful disobedience before ordering detention. If the problem is a new act not covered by the decree, a fresh suit for mandatory injunction may be needed.

Specific performance decrees: when the court signs the sale deed

Where a decree for specific performance directs the defendant to execute a sale deed and he does not, Order 21 rule 34 lets the court do it. The decree-holder prepares a draft sale deed in terms of the decree and files it; the court serves it on the judgment-debtor for objections, approves it with any changes, and then executes it through an officer of the court. The deed is registered at the Sub-Registrar like any other sale deed, and the decree-holder pays stamp duty on the market value.

Most specific performance decrees require the plaintiff to deposit the balance sale price within a fixed time. Failing to deposit in time can lead the judgment-debtor to apply under section 28 of the Specific Relief Act to rescind the contract, and the decree can be lost. Before filing for execution, check the deposit clause, deposit the money in court if it has not been done, and keep the challan on record.

After registration, possession is delivered under rule 35 if the decree includes possession, or a separate application is filed. Mutation in municipal or revenue records follows on the basis of the court-executed deed. For background on the original suit, see specific performance suits, and for the registration stage see sale deed registration assistance.

Arrest and detention of the judgment-debtor

Arrest is available in execution, but it is not the first tool. Section 51 of the Code allows detention in civil prison only after the judgment-debtor has been given an opportunity to show cause, and, for money decrees, only if the court is satisfied that he has the means to pay and has refused or neglected to pay, or is likely to abscond or has dishonestly transferred property. The period of detention depends on the amount of the decree and is limited by section 58. Women are not arrested for money decrees under section 56.

Detention does not wipe out the debt. Under section 58 the judgment-debtor is released at the end of the period, but the decree remains executable against his property. In practice, an application for arrest often prompts payment or a settlement, because judgment-debtors who have the means do not want to appear before the court on that application. The court will not order it as a pressure tactic where the judgment-debtor genuinely cannot pay.

Time limits for executing a decree

Under Article 136 of the Limitation Act, a decree (other than a mandatory injunction decree) must be executed within 12 years from the date it becomes enforceable. Where the decree directs payment or delivery at a future date or in instalments, time runs from that date or from each default. A decree for perpetual injunction can be executed at any time. A mandatory injunction decree has three years under Article 135. An auction purchaser must apply for possession within one year of the sale becoming absolute (Article 134), and applications to set aside a sale must be made within 60 days (Article 127).

Delay in starting execution also brings procedure. If the petition is filed more than two years after the decree, Order 21 rule 22 requires a show-cause notice to the judgment-debtor before execution proceeds, and the judgment-debtor can raise objections at that stage. If the judgment-debtor has died, execution proceeds against his legal representatives under section 50, to the extent of the estate they received.

Once started, execution itself is meant to be quick. The Supreme Court in Rahul S. Shah v Jinendra Kumar Gandhi (2021) issued directions to curb delays, including that executing courts should dispose of execution proceedings within six months, extendable only with reasons recorded. It also asked trial courts to examine during the suit itself whether third parties are in possession, so that execution is not defeated later. Executing courts in Delhi and UP cite these directions regularly, and a decree-holder can rely on them when a judgment-debtor seeks repeated adjournments.

Objections by the judgment-debtor under section 47

Section 47 says that all questions between the parties to the suit relating to execution, discharge or satisfaction of the decree must be decided by the executing court and not by a separate suit. Judgment-debtors use this to file objections: that the decree has been satisfied or adjusted out of court, that it is time-barred, that it is a nullity because the court lacked inherent jurisdiction, that the property described cannot be identified, or that the decree-holder has not performed his own part.

The executing court will not reopen the merits. An objection that the trial court misread the evidence, or that the defendant has new documents of title, is not a ground under section 47. A decree passed without jurisdiction in the strict sense (for example by a court barred by statute from hearing the subject) can be challenged as a nullity, but that is narrow. A decree that is merely wrong must be challenged by appeal, not in execution.

Adjustments out of court are a frequent trap. If the parties settled after the decree, the settlement must be certified to the court under Order 21 rule 2; an uncertified adjustment cannot be recognised by the executing court except in limited cases. Decree-holders who accept part payments informally should record them in writing and inform the court, and judgment-debtors who settle should insist on certification. Orders on section 47 objections are no longer treated as decrees, so the remedy against them is usually a revision under section 115 or a petition under Article 227 before the High Court.

Decrees and awards from other forums

An arbitral award that is no longer open to challenge under section 34 of the Arbitration and Conciliation Act 1996 is enforced under section 36 as if it were a decree of the court, using the same Order 21 procedure. The award-holder can file for enforcement in the court where the assets are, without first going to the court that had jurisdiction over the arbitration. See arbitration and enforcement of awards.

A Lok Adalat award is deemed a decree of a civil court under section 21 of the Legal Services Authorities Act 1987 and is executed by the civil court; there is no appeal from it. A settlement reached in court-annexed mediation becomes a compromise decree under Order 23 rule 3 and is executed like any decree. Consumer commission orders are enforced by the commission itself under section 71 of the Consumer Protection Act 2019, with penalties for non-compliance under section 72. RERA orders for refund, interest and compensation are recoverable as arrears of land revenue under section 40 of the RERA Act through the Collector, and orders of the RERA Appellate Tribunal are executable as decrees of a civil court.

Recovery certificates issued by the Debts Recovery Tribunal are executed by the Recovery Officer of the DRT, who can attach and sell property, appoint a receiver and order arrest under the Recovery of Debts and Bankruptcy Act 1993; an appeal against the Recovery Officer's order lies to the DRT within 30 days. Decrees of revenue courts in UP and Delhi are executed by the revenue courts under their own Codes. Decrees of courts in reciprocating territories abroad can be executed in India under section 44A of the Code as if passed by a district court.

How execution differs by property and by party

Residential property in family occupation usually produces the most objections, because relatives and children claim separate rights. Commercial property such as shops, showrooms, mall units and office floors is often let out, and the presence of tenants changes the mode of delivery to symbolic possession unless the tenants were parties. Industrial property and factories may have machinery hypothecated to a bank, so attachment and sale must respect the bank's prior charge. Hospitals, schools and hotels raise practical issues of patients, students or guests on the premises, and courts usually give time and a phased schedule rather than an immediate eviction.

Agricultural land in UP and Delhi is often subject to revenue law, and possession is recorded through the revenue officials as well as the bailiff. For a flat in a cooperative society or group housing project, inform the society or RWA and ask it to record the change after delivery. Where the government or a public officer is the judgment-debtor, section 82 of the Code allows execution only if the decree remains unsatisfied for three months, and a notice under section 80 may have been needed in the suit.

If the judgment-debtor is a company under the corporate insolvency process, the moratorium under section 14 of the Insolvency and Bankruptcy Code bars execution while it lasts, and the decree-holder files a claim with the resolution professional instead. If the decree-holder is a bank, money decrees for large amounts usually go through the DRT route instead. An NRI decree-holder can execute through a registered power of attorney holder. An NRI judgment-debtor's assets in India can be attached, and his presence is not needed for attachment and sale.

Documents to keep ready for execution

What usually goes wrong in execution

• A vague decree. A decree that does not describe the property with boundaries, floor or khasra number invites objections that it cannot be identified. Fix the description during the suit or by correction under section 152.
• Waiting too long. Delay beyond two years adds a notice stage, and the three-year limit for mandatory injunctions is often missed.
• Ignoring transfers during the suit. The judgment-debtor sells or lets the property while the suit is pending. Record it early and rely on lis pendens.
• No police help ordered. The bailiff goes alone and returns because the premises are locked or a crowd gathers. Ask for police assistance and lock-breaking permission in advance.
• Informal settlements. Part payments or settlements not certified under rule 2 lead to disputes about what is still due.
• Wrong mode for tenanted property. Asking for vacant possession against a tenant who was not a party wastes time; use symbolic possession and proceed under rent law.

Stay of execution, appeals and remedies

Filing an appeal does not automatically stop execution. Under Order 41 rule 5, the appellate court may stay execution for sufficient cause, usually on the judgment-debtor depositing the decretal amount or furnishing security, and in possession matters on terms such as payment of use and occupation charges. The executing court can also give a short stay under Order 21 rule 26 to allow the judgment-debtor to approach the appellate court. Without a stay order, the executing court proceeds.

Orders in execution are challenged in different ways. An order on a third-party claim to attached property under rule 58, and an order on resistance or dispossession under rules 98 and 100, have the force of a decree and are appealable. Orders on section 47 objections, and most procedural orders, are challenged by revision or under Article 227. Ex parte orders can be set aside under rules 105 and 106 on showing sufficient cause, within 30 days of the order or of knowledge of it.

If you are the judgment-debtor, look first at whether the decree can be satisfied or settled, because execution costs accumulate. If you are an objector with an independent right, act quickly once you learn of the execution and file under rule 97 or 99 with your documents. If you are the decree-holder, file early, describe the property precisely, and ask for police assistance and lock-breaking permission in the same application. Related pages on possession suits, mesne profits claims and objections to attachment cover the stages around execution.

What to do this week

If you hold a decree, apply for certified copies of the judgment and decree today and check the date from which limitation runs. Read the decree's operative part and property schedule carefully: if it is ambiguous, fix it now. Write down every person living in or using the property and how each claims to be there. For a money decree, list every asset of the judgment-debtor you know about.

If you are a judgment-debtor or an occupant who has received an execution notice, do not ignore it. Note the next date, collect the documents that show your own right (if any), and decide whether to seek a stay from the appellate court, file an objection, or settle. Many executions in Delhi courts are resolved through the court's mediation centre or a Lok Adalat once both sides see that the decree will be enforced.

If you want the papers checked before you act, the team of Advocate B.K. Singh at Legals365 can review them and tell you the next step; you can reach us through talk to a lawyer.

Residential property: what changes

Residential property covers houses, builder floors, flats in group housing societies and apartments in developer projects. It is the property people care about most, and the law gives it more protection than commercial premises: consumer remedies against builders, rent control for old tenancies, special rules for senior citizens and family members. It also carries more family disputes than any other kind of asset.

The documents depend on the type. For an independent house or builder floor in Delhi, ask for the chain of sale deeds or the conveyance deed from DDA, the sanctioned building plan, the completion certificate, mutation in MCD records, the latest property tax receipt and electricity and water bills. For a flat in a cooperative group housing society, ownership runs through membership: the share certificate, the society's NOC and the Registrar of Cooperative Societies' approval of the transfer matter as much as the deed. For a flat in a developer project in Noida, Greater Noida or Gurugram, check the RERA registration, the builder-buyer agreement, the occupancy certificate, the tripartite sub-lease or conveyance deed, and whether the builder has paid the land dues to the authority, since unpaid dues have held up registration for thousands of buyers.

Stamp duty is charged on the higher of the price and the circle rate. Delhi charges women buyers a lower rate, and joint purchases fall in between; Uttar Pradesh and Haryana have their own concessions. Registration is at the sub-registrar office for the area, with both parties and two witnesses present. After registration, mutation in the municipal or authority record should be applied for, since it governs property tax and later dealings, even though mutation is not proof of title.

Disputes tend to fall into a few groups. Against builders: delayed possession, reduced area, poor construction and missing amenities, which go to the RERA authority or the consumer commission at the buyer's choice. Between landlord and tenant: old tenancies with rent up to ₹3,500 a month in Delhi are governed by the Delhi Rent Control Act 1958, where eviction for the landlord's bona fide need under section 14(1)(e) is the usual route; newer tenancies are contractual and go to the civil court or the rent authority under any new tenancy law the state has adopted. Within families: partition, wills and succession, and disputes over who may live in the house. Senior citizens can approach the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, which in appropriate cases has ordered children to vacate a parent's house. A wife's right to reside in the shared household under the Domestic Violence Act 2005 can also affect who stays in a property.

A few habits prevent most problems. Never buy on a GPA and agreement to sell alone. Insist on the occupancy or completion certificate. Keep original documents safe and certified copies handy. And put family arrangements about a house in writing, ideally a registered partition or family settlement, before a death or a marriage breakdown turns them into litigation.

Frequently asked questions

What is the time limit for execution of a decree?

Most decrees can be executed within 12 years from when they become enforceable, under Article 136 of the Limitation Act. A mandatory injunction decree must be executed within 3 years under Article 135, and a perpetual injunction decree has no time limit. If you file after two years, the court will first issue a show-cause notice.

Which court should I file the execution petition in?

File it in the court that passed the decree. If the property or the judgment-debtor is outside that court's jurisdiction, ask that court to transfer the decree under section 39 of the CPC to the court where the property lies. Delhi High Court original-side decrees are executed by the High Court.

Can execution be stopped if the other side files an appeal?

Not automatically. Execution continues unless the appellate court grants a stay under Order 41 rule 5, usually on deposit of the decretal amount or security. The executing court can give a short stay to allow the judgment-debtor to approach the appellate court.

What happens if someone else is living in the property?

If they claim through the judgment-debtor or took the property during the suit, they are bound by the decree. If they claim an independent right, the executing court hears them under Order 21 rules 97 to 101 and decides the question itself. A lawful tenant who was not a party may lead to symbolic possession under rule 36.

Can police help in executing a possession decree?

Yes. The executing court can direct the SHO to give police assistance to the bailiff on the date of execution. The court can also allow locks to be broken under Order 21 rule 35(3) after reasonable warning to the occupant.

How do I recover mesne profits awarded in a decree?

File execution for the money part under Order 21 rule 30, asking for attachment and sale of the judgment-debtor's property or attachment of bank accounts, rent or salary. If assets are unknown, ask the court to examine the judgment-debtor on oath about his property under rule 41.

Can the court sign a sale deed for me if the seller refuses?

Yes. Under Order 21 rule 34, after a specific performance decree, the court approves a draft deed and executes it on behalf of the judgment-debtor. The deed is then registered at the Sub-Registrar, and you pay the stamp duty.

Can a judgment-debtor be sent to jail for not paying?

Only in limited cases. Under section 51 of the CPC, the court must be satisfied that he has the means to pay and has refused, or is likely to abscond or has transferred property dishonestly. The detention period is capped, and it does not cancel the debt.

How long does execution take?

It depends on objections and the type of decree. The Supreme Court has directed executing courts to try to decide execution proceedings within six months, but obstruction claims and appeals can extend that. A precise decree and early police assistance save the most time.

Can a Lok Adalat award or arbitral award be executed like a decree?

Yes. A Lok Adalat award is deemed a civil court decree and is executed by the civil court. An arbitral award becomes enforceable as a decree once the time to challenge it under section 34 has passed or the challenge has failed.

What if the judgment-debtor has died?

Execution continues against his legal representatives under section 50 of the CPC, but only to the extent of the property they received from him. A notice under Order 21 rule 22 must be issued to them before execution proceeds.

Can I execute a decree against a company in insolvency?

Not while the moratorium under section 14 of the Insolvency and Bankruptcy Code is in force. You file your claim with the resolution professional instead. Execution may resume against the company only if the insolvency process ends without the moratorium continuing.

Should I go to RERA or the consumer commission against my builder?

You can choose either, as the Supreme Court held in Newtech Promoters v State of UP (2021), but not both for the same relief. RERA is often quicker for refund or delay interest under section 18; the consumer commission can also award compensation for deficiency in service. The choice depends on the amount, the relief you want and how far the project has progressed.

Can my son be evicted from my house if he harasses me?

In many cases, yes. The Maintenance Tribunal under the Senior Citizens Act 2007 has power to protect a parent's property and life, and courts have upheld eviction orders against children in suitable cases. The parent's ownership of the house and evidence of ill-treatment are the key facts.