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Mahesh kumar Orchu (student)     28 January 2024

Attachment of assets of transfer of decree

In a scenario where a case is initiated in city civil courts Hyderabad, a decree is issued, and the property in question is situated in Delhi, the legal query is whether it is necessary to file a separate case in Delhi for attachment or if the city civil court has the authority to facilitate the attachment of the property located in Delhi.


 2 Replies

Dr. J C Vashista (Advocate )     29 January 2024

Of course the execution petition for decree passed by Hydrabad Court shall have to be transferred to Delhi Court where assets of judgment debtor are located and decree holder shall have to refile the EP in Delhi.

T. Kalaiselvan, Advocate (Advocate)     29 January 2024

Under sectiojn 39 (Transfer of decree): The Court which passed a decree may, on the application of the decreeholder, send it for execution to another Court of competent jurisdiction.

Once the decree is transferred to the jurisdictional court in Delhi from Hyderabad, the decree holder can file an execution petition to execute the decree. 

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