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mastanrao.bhogadi (advocate)     28 September 2008

immovable property attachment

what is the procedure to be followed to attach and sell the immovable property in decrees passed by small cause courts


 9 Replies

N.K.Assumi (Advocate)     29 September 2008

See Section 60 to 64 read with section 73 CPC and Order 21 Rule 54 of the Civil Procedure Code.

Priya Ranjan (Sr. Ex.Legal)     29 September 2008

for this you will have to file execution petition under O 21 CPc

prof s c pratihar (medical practitioner &legal studies)     29 September 2008

simple complete comprehensive answer by mr assumi.thanks

jatin sharma (LAWYER)     30 September 2008

hi, i read u r problem! i consider that if a competent court order to aatached the proprety than fill the plaint of excutied the order of court , than the have power to excuited the decree !ok reply me .

jatin sharma (LAWYER)     30 September 2008

hi , i study u r problem ,if a competent court give in favour ur decree ,than fill a plaint of excuited the order , u have a right to this,  acc to law! if a defendant not give a relif to u wich u mention in plaint ok! but send me a full detail of decree ok . reply me

mastanrao.bhogadi (advocate)     02 October 2008

Respected Sirs,

 Thanks, what about Sec.7 of provencial small cause courts Act?

mastanrao.bhogadi (advocate)     05 October 2008



please clarify my querry with regards to Sec.7 of provencial small causecourts Act

Hemanth Kumar (student)     04 November 2008

Mr.A has provided a loan of Rs 2 Lakhs to Mr.B a business man but due to ill health he died. He has lot property worth in 25 lakhs. He has four sons.

Mr. A filed a case in court for recovery of money. It took almost   8 years till know.  The court has given judgement attaching the property.

Know Mr. A's ( Advocate ) is saying that the Mr.B's ( son ) are not taking the notice so I cannot proceed further.

When Mr. A approached Mr.B's ( Advocate ) he told them that nothing to worry you will get  your money back and Mr. A has to do his work  ( ie ., publish the notice in a paper.)

Please help me .

thanks & regards




anonymus (confidential)     23 November 2008

dear sirs,
when the decree is passed by a small cause court then necessary permission underthe provisions of the provincial small courts act need be obtained to seek attachment of the property. Because the small causes courts do not have the power to attach properties.
But if the small cause court and the regular trial court are on and the same no seperate petition seeking permission need be filed.
for instance in mofussil places there r no seperate small cause courts but the regular civil court acts as small cause court for money claims to certain extent of amount.
I ll give the corrrect provision of the Pro.Small causes courts act later.

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