Execution proceedings
venkata subrahmanyeswara rao B
(Querist) 03 February 2012
This query is : Resolved
Dear Sirs,
I filed execution petition under order 21 rule 66 & 64 c.p.c for seeking auction of the schedule property. The property was already attachedin suit proceedings and made absolute. When the E.P. is pending the J.Dr was filed insolvency petition before district court. At the first time when he filed insolvency petition intentionally he suppressed this land by not mentioning in his petition. He successfully avoid to take sale notices many a times. At last he received the summons and filed his counter stating that he subsequently added this property in the insolvency petition hence the J.Dr is not saleable interest hence it cannot be entitled for auction. But there is no stay of proceedings from the insolvency court and the insolvency petition also pending. Now at this stage is the executing court competent to stop the sale until disposal of the insolvency petition. But as per my knowledge as the Execution court is having limited jurisdiction it can be proceed by ignoring the insolvency petition. Please suggest me whether my opinion is correct or not. If it is correct please provide me citations
with regards
Raj Kumar Makkad
(Expert) 03 February 2012
Executive Court has not to go in depth the pendancy of the application before the Court which is hearing the insolvency matter of JDRs. This court has not to move behind the degree. The same property has already been attached during the pendancy of the case under execution so get the decree executed as soon as possible.
M/s. Y-not legal services
(Expert) 04 February 2012
without getting stay you can not think about stop the e.p..
more over no court can stay an other competent court's proceedings.. you have to move for apex courts.
-tom-
venkata subrahmanyeswara rao B
(Querist) 06 February 2012
please send me one decision for the above query.
with regards and thanks
venkata subrahmanyeswara rao
