Mohammad Mateen Farahani 09122999788 Master of Law:
Morteza Kamreh (basic lawyer of a court):
#Initial_and_Review_of_Law_Law
Abstract:
Resolving disputes and problems caused by the execution of the judgment must be done in the authority that issued the judgment or judicial order, and it is not possible to refer to another court for the damages caused by the alleged problems and mistakes of the execution stage.
Final vote date: 11/30/2013
Final vote number:
9109970222901314
primary vote
Regarding the lawsuit of H.S. On behalf of H.B., M.A., P.R. At the request of issuing a ruling on #revocation of the official document – 12/5/82, office no. Tehran, the issue of the execution of judgment No. 1118 and 1117 dated 15/5/81, Branch 1103 of Tehran General Court, including legal damages, on the basis of the official lease document #Saleh #Sarqofli and the aforementioned documents and executive papers No. 1049/11038 and 259/1103/80 Considering that the petitioner’s claim is that there are legal defects in the issued judgments and he considers himself to be aggrieved by the manner in which the court’s decision is implemented, and considering that the judgment that has reached the finality stage must be implemented in a timely manner according to the law on the execution of civil judgments. and according to Article 8 of the Civil Procedure Law, no official and no government office can change the court order or prevent its implementation, except the court that issued the order or a higher court, in cases specified by the law. On the other hand, according to Articles 25 and 29 of the Law on the Execution of Civil Judgments, the resolution of disputes and problems caused by the execution of the judgment must be done in the issuing authority with a judicial order, so the petitioner, if there are any problems or problems in the execution of the judgment, should request the matter from the court. to do; Therefore, his lawsuit has actually been ruled out of the effects of the judgments, so the court has not considered his lawsuit to be admissible in the quality that has been raised, and based on Article 2 of the Civil Procedure Law, it issues and announces the order of non-hearing of the lawsuit. The decision issued within twenty days from the notification date can be appealed in the appeal courts of Tehran province.
Magistrate at Branch 208 of Tehran General Court of Law
Judgment of the Court of Appeal
Regarding the appeal of H.S. On behalf of H.B., M.A., P.R. Regarding the decree No. 406 dated 6/26/91 issued by Branch 208 of the Tehran General Court, according to which the decision not to hear the case for annulment of the official document no. It was issued and announced on 12/5/82. In view of the fact that the said document was issued in the execution of decrees No. 1118 and 1117 dated 5/15/81, Branch 1103 of Tehran General Court, according to the request of the preparation of the official lease document, and according to the execution of the judgment, it was also wrongly issued for the peace of Sarqofli, which was not mentioned in the decree of the said decrees. – It has been added in the preparation of the official lease document, while the execution of the judgment was only the preparation of the official lease document was considered in the document and according to the meaning of articles 25, 29 and 39 of the execution of the judgments, the cases of removing ambiguity and returning to the subject of the judgment, including the jurisdiction of the issuing court It is a verdict, therefore, the appeal petition is not compatible with the meaning of Article 348 of the Civil Procedure Law due to the objector’s objection. Therefore, in the implementation of Article 353 of the aforementioned law, the petition for appeal is affirmed. The decision is final.
Head of the 29th branch of the Court of Appeal of Tehran Province – Court Counselor
This post is written by matin_lawyer