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 and 19.11.2011 has passed off, but nothing was done by him except sending back to executing court by remarking does not have time. Now another same order has been issued to him dated 20.12.2011. We also met with him but whatever he tells are execuses in direct words and whatever he tells indirectly can not be written. 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/transfer the property. Can against this any application can be filed in High Court or other court to get order executed practically because it is not sufficient to have orders in file only? Whether court also comes in the sphere of Right to Information Act so that it can be asked how many orders were executed by him in recently and in what chronological order. Any other remedy.

Asked on 12/05/11, 2:40 am

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you may file an application seeking orders against the JD restraining him from transferring the property he owns till the debt stands satisfied.

Answered on 12/05/11, 3:10 am

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