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01 · Litigation & Disputes

Execution of Court Orders

Execution is the process of enforcing a decree or order once a court, tribunal or arbitrator has decided a dispute — for example, recovering awarded money or obtaining possession of property.

Steps to enforce a decree or order once a court has passed it.

What this covers

  1. 01Filing execution petitions
  2. 02Attachment and sale of property
  3. 03Delivery of possession
  4. 04Objections by judgment-debtors and third parties
  5. 05Enforcement of arbitral awards

How it generally works

Execution of civil decrees is governed by section 51 and Order XXI of the Code of Civil Procedure. The decree-holder files an execution petition before the court that passed the decree or to which it is transferred.

The court can order attachment and sale of the judgment-debtor's property, delivery of possession, or other measures depending on the decree. Third parties who claim an interest in attached property can raise objections.

Arbitral awards that are not set aside are enforced in the same way as court decrees.