Demand to attach property ,not given, sold by defendent.
kishore kumar
(Querist) 12 October 2025
This query is : Resolved
In a recovery claim, a suit was filed seeking a stay on the defendant's known immovable property until the judgment was delivered, after paying the court fee required for the amount claimed. However, the court did not grant a stay on the property. The court, accepting the recovery suit, issued a decree for the recovery of the said amount. However, during the trial, the defendant deliberately sold the property to someone else to avoid liability.
The question now is: In such a case, if the court fee was paid in accordance with the recovery amount, would a stay on the property be considered valid?
Because the defendant's intention was to avoid liability and he sold his immovable property. Now, he has no immovable property left.
Is there any law, rule, or provision in a civil case that allows the sold property to be attached until recovery is received, or its registration cancelled?
Or can you offer any advice so that recovery can be effected?
Thank you.
T. Kalaiselvan, Advocate
(Expert) 13 October 2025
You have filed only a money recovery suit and paid the court fee also only for that purpose.
It seems that you have neither filed an application to restrain him from selling his property or filed an application seeking to attach his property before judgment.
In that case you cannot get the sale of property set aside because you failed to take action to secure the property towards security for the borrowed amount.
kishore kumar
(Querist) 13 October 2025
Thank you, Sir, for your valuable information. In my claim, I had already requested the court to attach the defendant's immovable property, providing information about the property, and to prohibit its sale. However, the court did not grant a stay on the property. Now, in the judgment delivered almost a year later, a recovery decree was passed, but the defendant has sold the property. Even if I file an execution within 60 days of the decree, the plaintiff no longer possesses any immovable property. The court did not hear the plaintiff's request, and, taking advantage of this, the property was deliberately sold. What should the plaintiff do now? Thank you, Sir.
T. Kalaiselvan, Advocate
(Expert) 14 October 2025
You have not stated that whether you filed a petition seeking attachment before judgment of his property towards security for the suit amount, if that was the case, then you could have approached high court with a revision petition to set ide the trial court order and to pass an order to attach ther the property for the said reasons.
The fault is on your side but you blame the court for your own lethargic attitude.
Now in the EP if he is not complying with the court judgment you can ask for his arrest and put in civil jail
kishore kumar
(Querist) 14 October 2025
Respect Sri T.Kalaiselvan Sir, Thank you very much your valuable information.
