04 September 2013
is it proper to proceed sale of the JD's landed property for recovery of decreetal amount even if the document of the said landed property(pass) is in the custody of the JD. if it is not, how to proced the sale ?
22 September 2013
the trial court passed J&O against the defendant and also decreed that the defendant is liable to pay 15 lakhs to the plaintiff. an execution case was filed for recovery of the same and the D/H prayed that for recovery of the decreetal amount,the J/D landed property be auctioned but the said pass of the landed property is in the custody of the J/D and he is not willing to deposit the same to the court for auction sale.
so is the situation, is it proper to proceed sale without the pass of the said landed property. if it not proper, under what provision the sale proceed or recovery of the decreetal amount be made...