Legal Question in Civil Litigation in India

In a Execution Petition of about two lac, order was made by the court under R 54 O 21 CPC on 18.08.2011 for attachment of Immovable Property of Judgement Debtor and attending the court by him on 22.09.2011 and this order was also sent to Process Server/Amin/Nazir for executing the same well in time, but the date of 22.09.2011 has passed off, but nothing was done by him. Now another same order is being issued to him and next date is 19.11.2011. Meanwhile it has come to our notice that Judgement Debtor is trying to sale the property. Now let me know what steps to be taken at our level to get order executed by Process Server/Amin/Nazir at the earliest and what other steps so that Judgement Debtor can not sale the property.


Asked on 9/25/11, 5:40 am

2 Answers from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

If he becomes the judgement debtor thro' the Court of Law, then natural presumption will be, that the property is already mortaged to subsequent financial institution, is this ?

Any how you ask the question with out any presumptions with regards to mere mortaged property, then below is your answer, Okay !

Under an Order 5 of Rule 20 C.P.C, that you can issue the paper publication with regards to not to sell of the property.

Sanjay K. Dixit, Advocate,

Davanagere - 2.

Read more
Answered on 9/25/11, 9:14 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may move an application before the executing court for enforcing its earlier orders and also raise your apprehension of the sale of property by JD.

Read more
Answered on 9/25/11, 10:39 pm


Related Questions & Answers

More General Civil Litigation questions and answers in India