Appointment of court commissioner

NAGARAJ (Querist) 05 May 2024 This query is : Resolved
DEAR SIR,
Specific performance suit decreed in my favour... Now I have filed execution petition.... Jdr not come forward to execute the sale deed... Now I need to file application for appointment of court commissioner before the court.to execute a sale deed in my favour. kindly let me know the proper provision under CPC..
THANKING YOU

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Quick Summary

If you've won a specific performance suit and the other party isn't executing the sale deed, you might think you need a court commissioner. However, you can usually file a draft sale deed and pay for stamp papers directly with the court. The court staff will then arrange for the registered sale deed to be executed. It's best to consult your lawyer who handled the original case for guidance on these execution proceedings.

T. Kalaiselvan, Advocate (Expert) 05 May 2024
There is no necessity to appoint a court commissioner to execute the sale deed in the suit for specific performance of contract.
You can file the drat sale deed and pay for the applicable stamp papers towards the sale deed, the court will arrange to execute the registered sale deed directly through the court staff meant for the purpose.
You had a lawyer who won the case for you, why did you not approach or consult him on all such further issues?

kavksatyanarayana (Expert) 05 May 2024
There is no need to pray to the court for the appointment of the Commission. The court will send one person after the due procedure is completed.

T. Kalaiselvan, Advocate (Expert) 12 May 2024
You can follow the execution proceedings properly, your advocate will guide you on all such further proceedings to get the benefits of the judgement decided in your favour.

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