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Prashanth G (Software Engineer)     06 February 2022

Ep petition filed on the basis of promisory note order

About promisory note Civil case, 

Facts about my mom's case::-

my grand father has taken money from one person called devaraj in the year of 2001 and he passed away in 2002,

During that time Devaraj was working in government job and not able to take any action against my grandpa,then in 2013 Devaraj put a case on my mom that she took 6 lakhs by cash ,

My grandpa written death will on my moms name ( one old home in chittoor) in 2002,

Thats why that Devaraj put a fake civil promisory note case on my mom in 2013,

Devraj created manual fake witness of 3 and produced infront of judge and then judge passed the order of 6 lakhs with interest money in 2019,

But my mom transferred her property as gift deed in 2017 on my name to save the property, 

This devaraj managed to get the favourable Order and now my mom went to HC for an appeal and still it's pending before HC,

IN 2021 Devaraj filed for Execution petition to attach the same property and mentioned as my mom is the owner (actually I am the owner of the same property and I have paid property tax for 4 years ),

Query one:::---

Now what will happened to the execution petition in the chittoor court? 

Two) Will court pass the order to attach and sale the property which is on my name ?

Now the EP is in enquiry stage ( my mom submitted the EC copy of the same property and stated that property is not on her name and prayed for dismiss the property ,

And she mentioned that calculation is wrong and she paid the money multiple installments to devaraj(as suggested by my lawyer) but he didn't mention in the petition henceforth ,she prayed for dismiss the EP petition )

Three) Is there any chance to sale my property by the court ?

Note that appeal in pending in HC as my advocate i not appearing in the court ,initially my prayed for stay but still it's pending .

Kindly help here



Learning

 2 Replies

Aryan Raj   07 February 2022

Dear Queriest,

The court will not order you to sell your property as the victim here is only demanding money to be repayed nit specifically the land or property ownership therefore if he wins your mother will have to pay him 6 lakhs rupees and not the property. 

Since your mother has provided the evidences to prove that the case was a false one therefore I would suggest you to wait until the decision comes along.

Regards,

Aryan Raj 

Prashanth G (Software Engineer)     08 February 2022

There two cases one on promisory note case order came in in the FTC court and appeal is pending in HC ,

Now EP filed to attach a property which has transferred on respondents sons name before the suite order,

Now what will happen to this EP petition if respondent has no property on her name ?


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