Kindly resolve my query relating to execution of decree. A civil court in State of Maharahstra passed a decree for a suit filed under Order 37 of C.P.C. in August,2014 for a principal sum of Rs.1,33,000/-. The execution petition (Darkhast) was filed immediately after the decree, for the sale of immovable property of Judgement-Debtors(Respondents). Thereafter,the Respondents started paying monthly instalments of Rs. 10,000/- from Sept,2014 onwards.
The Respondents paid Rs.10,000/- monthly till January,2015. Till date Reposndents have paid only Rs.50,000/- & stopped paying the balance amount w.e.f. February,2015. The Decree-Holder requested the Court to execute the Decree by proceeding with attachemnt of immovable property of Respondents located in Surat (Gujarat). But court issued Summons to Respondents instead of Issuing Attachment Warrant. Furthermore, Advocate for Respondents appeared in February,2016 in the Court and argued that Respondents stopped making the payments to Decree-Holder because Decree-Holder didn't issue any receipts against the payments made by Judgment-Debtor. Also, Advocate for Respondents argued in the court that the Civil Court (decreeing Court) has no jurisdiction to execute attachment warrant for a Property located in Surat,Gujarat. From September, 2016 to January, 2017 the Judgment-Debtor paid Rs. 40,000/- in 2 installments of Rs. 20,000/- each. I filed an application for issuance to Precept under 'Section 46' of the C.P.C. but J.D. counsel requested to defer the pursuance of this application as he assured me on behalf of J.D. that the Balance Amount will be soon paid by the J.D. Based on which the Court deferred the Matter till 30th June,2017. However, J.D. has stopped making payments again trying to take the advantage of this long adjournment given by the Court.
My Query :-
1. Can I file an Interlocutory Application to the Court under Order 21 Rule 41 of the C.P.C. for examination of Judgment Debtor for filling Affidavit of his assets ?
2. Will court entertain this application to be filed under Order 21 Rule 41 of the C.P.C. despite adjournment given till June,30th, 2017?
3. Since, Sub-Rule 2 of Rule 41 of Order 21 in the C.P.C., states that, "as the decree for the payment of money has remained unsatisfied for a period of thirty(30) days", the Decree-Holder can apply to the Court for examination of J.D. Hence, based on this provision will the Court entertain my application ?
4. If I move an application in next week say on March, 10th,2017. Will court decide the application before 30th June, 2017 ? What kind of practices are followed by Courts under such circumstances ?
5. Please guide me dear lawyers. As your valuable advice will help me take the next step in pursuance of my case.
