Transfer of execution petition of decree of recovery

Querist : Anonymous (Querist) 23 May 2011 This query is : Resolved
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Hisar court passed a ex party decree for recovery of Rs. 50000/- in my favour against a gurgaon based co.,i filed a execution at Hisar and court ordered for attachment of property of JD,but JD have no any movable or immoveable property at Hisar,so court asked me to file a application for transfer of petition at Gurgaon court alongwith a affidavit of DH,Kindly tell me procedure for the same .Thanx
Rajiv

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Guest (Expert) 23 May 2011
find the immovable property and address of the JD. give the details to your advocate to file a execution petition for transfer of decree under sec 39 of c.p.c. The court will order immediately the transfer of decree to gurgaon. Then go to gurgoan civil court and find whether decree has been received there with a endorsement. appoint an advocate at gurgaon to file a fresh E.P. for attachment and sale of property. this may take one to three months time.

M/s. Y-not legal services (Expert) 24 May 2011
Why you have to go guargoan court for this? Cos hisar court can proceed the executing proceedings whether it can be for sale or attachments..

M/s. Y-not legal services (Expert) 24 May 2011
Because property may located in gurgoan. As per the territorial jurisdiction earlierly the suit was decided by the hisar court. While being so now why you have to go for gurgoan. Just collect that property details, you can attach from here itself..