Civil suit for recovery


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


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



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


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.


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. 

Attached File : 143852137 civil suit filed in nort paravur court.pdf, 143852137 attachment application.pdf downloaded 152 times

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.


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


Dear hiral How I can apply for a permanent injuction 

Attached File : 357761677 civil suit filed in nort paravur court.pdf, 357761677 attachment application.pdf downloaded 101 times
Legal Advisor

It should be called as ABJ not temporary Attachment. During the pendency of any subject matter the property in question cannot be sold.




Your are not logged in . Please login to post replies

Click here to Login / Register  


Search Forum:


  LAWyersclubindia Menu