Raiseing abj & transfer property security

MAAJIS (Querist) 16 August 2011 This query is : Resolved
Here we understood that the plaintiff have filed a suit claim for ì 2,52,000/- and for the same the court has passed the ABJ during 2006/2007 before the hearing the matter from both the parties , on the 2 land properties for the same .
Now since the matter are coming up only with dates , where neither of the lawyers seems to take the matter , on this we would like to update – where by the law permits to show some way where in if one of the property can be valued with the register valuation and if the value is more than say suppose ì 2,50,000/- or so and if for the same can we make this one of the property as for the security for the court and get the other property released
If this is possible what are the necessary steps to be taken while drafting some important points to be noted , pls guide me for the same ,
Or understanding still better is there any way out for this … thinking more positively …

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prabhakar singh (Expert) 16 August 2011
By ABJ i guess you mean ATTACHMENT BEFORE JUDGEMENT.The next point i gather that there are 2 properties attached by court against a claim of ì 2,52,000/- and that as per valuation of land at registration fixed by DM even one property can meet the claim of plaintiff.

Hence you want to move an application and for that you want guidance.
The fact being so ,i opine you move the application, considering the rate of interest if any claimed by plaintiff and the rate of appreciation of properties going on,next point to consider the rate fixed by DM is marketable rate which you can fix from inspection of register of sale index of sub-registrar office,i so advise for court will be inclined to believe MARKET RATE AGAINST FIXED RATE>