execution

rajvinder singh (Querist) 23 September 2009 This query is : Resolved
we filed a suit for specific performance and it was decreed ex parte and defendant was ordere to do the sale of property in our favour.we filed execution in which the defendant doesnot appear and in this execution we have demanded what was ordered by the court i.e. to execute sale deed as per agreement. now pls tell what the court will do what will ber the procedure adopted by court for executing sale deed on my favour in the absence of defendantriven

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adv. rajeev ( rajoo ) (Expert) 23 September 2009
You will to file an application for appointment of court commissioner to execute the sale deed. The appointed court commissioner will execute regd., sale deed in your favour. You will have to pay the commissioner fee, it is to be depsoited in the court.
You will have bear the stamp duty.riven

Shivasurya (Expert) 23 September 2009
The solution given by Mr.Rajeev S Vadrali is correct, file execution petition for appointment of Advocate Commissioner, after the deposit of balance sale conideration if any before the execution court, the Advocate Commissioner can execute the sale deedriven

Sachin Bhatia (Expert) 23 September 2009
File an execution petition for appointment of Local Commissioner to execute the sale deed.riven

rajvinder singh (Querist) 23 September 2009
SIR PLASE GIVE ME DRAFT OF THE APPLICATIONriven

Raj Kumar Makkad (Expert) 23 September 2009
Plz study Order XXVI Rule 10-C of CPC wherein guidelines have been issued in this respect. YOU SHOULD ALSO DO SOMETHING RATHER LEAVING EVERYTHING ON EXPERTS EXCEPT YOUR REMUNERATION.riven