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sale of attached property by custodian/surety

This query is : Resolved 
 

(Querist)
30 September 2009

R/Members
My client is decree holder of a recovery suit(Civil suit for recovery of cheque amount)& he filed a execution petition in which JD property i.e. Bricks 5 lacs of his Brick klin)were attached & A villager was appointed superdar/custodian of the attached property,now now yesterday my client visited at the place where attached BRICKS property was lying but he was stunned to know that all bricks has sold by the supardar in connivance with Judgment Debtor/JD,Now what is remady available to me & under which provision of CPC so that i can request to court to initiate action against Supardar & JD.Thanks with Regards


adv. rajeev ( rajoo )Online (Expert)
01 October 2009

You file an application u/s 151 of CPC to take the legal action against the Custodian

Adinath@Avinash PatilOnline (Expert)
01 October 2009

DEAR VINOD,
1]you file application for guarnihi order u/o 21 rule 46 A & B against who puchased bricks wtih help of JD for deposit the amount in the court in execution proceeding.
2] you file application against JD to deposit amount which he received from purchaser of bricks.

Raj Kumar MakkadOnline (Expert)
01 October 2009

The value of the sold bricks will have to be deposited by custodian in the court and has also to face wrath of the court additionally. You have just to bring the fact before the court and next step shall be initiated by court itself because custodian has been appointed by executing court and your decree still holds good. Criminal action can also be initiated against the custodian.

Sachin Bhatia (Expert)
01 October 2009

File a criminal complaint against the custodian and you just bring the fact before the court,& let the court to pass the appropriate order.



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