Legal Question in Civil Litigation in India
Execution petition was filed in ADJ Court. The ADJ Court ordered to attach the immovable property of Judgment Debtor under R 54 O 21 CPC and order of attachment was sent to Nazir for attaching property. But he returned on two dates by assigning reason due to shortage of time it can not be executed. Now I want to go to High court instead of begging before Nazir/belief for rightful action, Let me know in which section or law I can approach High Court for getting the executed the attachment order within some time say two months or three months.
1 Answer from Attorneys
once the execution is pending before the executing court, you need to exhaust all your remedies before the court itself. however, in the present situation, the HC cannot be approached u/a 227 of constitution of india as there no order of the executing order that is against the law and principles of natural justice. its a procedural glitch and can be rectified by the court itself.
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