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Discussion > Civil Law > General Practice > Civil suit for recovery   Unanswered Threads Post New Topic

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There are 7 Replies to this message


from kerala


manager
[ Scorecard : 108]
Posted On 24 January 2014 at 11:29 Report Abuse

Sir,

I have filed a civil suit against a party to recover money against a guy who cheated me  in a land tranaction.. In my civil suit I have filed application for temporaray attachment of the defendant properties giving a schedule. until he pay the security amount at court...  

Court filed the case but didn't allow the temporary attachment but notice was served to the defendants... I have also send the copy of petition and application for attachment and schedule to the defendants, village office and registrar office through register post.

My query whether the defendant can sell the schedule property since I have already filed application for attachment.. If he sell the property what I can do???

please advise



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from kerala


manager
[ Scorecard : 108]
Posted On 24 January 2014 at 11:33 Report Abuse

What I do if he the defendant won't reply to the petition



HIRAL Thakkar


ADVOCATE
[ Scorecard : 587]
Posted On 24 January 2014 at 11:36 Report Abuse

If the court has not allowed temporary attachment go for appeal against the said order and file for permanent injunction.


Moreover you can file third party affidavit if the said person has done such acts with many of persons



Adv.Raghavan


lawyer
[ Scorecard : 2482]
Posted On 24 January 2014 at 11:38 Report Abuse

Till the property is attached he can sell the property, since u have informed the sub register office, he should inform the concerned buyer about this legal issue, the buyer has to take a call whether to go ahead or not, there is no bar on the part of sub register to refuse registration.



from kerala


manager
[ Scorecard : 108]
Posted On 24 January 2014 at 12:18 Report Abuse

Thank you hiral  & raghavan sir for your reply, sir the house he sold to me is not in my posession as another guy is staying there and claiming that house the seller said sold to me lies in his land and the land as per records sold  to me was without house. The village officer RTI to me also confirming the same. 

 

I have asked for attachment of the sellers other properties as a remedy, but I don't know the location of these plots.. The ownership documents I got from the registrar office through RTI reply.. So How I can apply for a permanent injection 

 

Even if he sell his properties, since I have filed the case and informed the reistrar and village officer about this, could I approach court for ejecting the buyers if my defendant is not ready for a settlement. 




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Adv.Raghavan


lawyer
[ Scorecard : 2482]
Posted On 24 January 2014 at 12:47 Report Abuse

IN your earlier thread u never informed us about all these aspects, but still it is upto the buyer to take a call, in spite of knowing case is going on.



from kerala


manager
[ Scorecard : 108]
Posted On 24 January 2014 at 16:55 Report Abuse

Thank you raghavan sir.. Can I do further attach the properties before he sell



from kerala


manager
[ Scorecard : 108]
Posted On 25 January 2014 at 21:13 Report Abuse

Dear hiral How I can apply for a permanent injuction 




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