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madhu mittal (director)     25 September 2011

Non attaching of immovable property by process server/amin/n

In a Execution  Petition  of about two lac, order was made by the court under R 54 O 21 CPC on 18.08.2011 for attachment of Immovable Property of Judgement Debtor and attending the court by him on 22.09.2011 and this order was also sent to Process Server/Amin/Nazir for executing the same well in time, but the date of 22.09.2011 has passed off, but nothing was done by him. Now another same order is being issued to him and next date is 19.11.2011. Meanwhile it has come to our notice that Judgement Debtor is trying to sale the property. Now let me know what steps to be taken at our level to get order executed by Process Server/Amin/Nazir at the earliest and what other steps so that  Judgement Debtor can not sale the property.



Learning

 3 Replies

Md Zaryab J Rizvi (Principal Partner)     26 September 2011

Mr Madhu,

 

It is advised that you shall immediately obtain a injuction against the Judgment debtor. You can make a prayer to the Court that the Judgment Debtor may be restrained from creating third party intrests in the said property, by means of sale, lease, partition etc as the execution proceedings may become infructious in the event. 

 

The information provided by you is limited and for that reason it would not be proper to give a more detailed and exact response. 

 

Hope your query is answered.

 

 

Regards,


Zaryab Rizvi 

Advocate - Delhi

0-99997-84700

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 September 2011

Dear Madhu Mittal

When you got the attachment order of the properties then you should co-ordinate With the Amin/Nazir/Process server and attached the properties. and also informed the registrar office about objection of this property regarding sale lease, transfer deed, gift deed any other agreement with the copy of hon'ble court order for attached the property feel free to call me on 9953809956 or write me on y mail nadeemqureshi1@gmail.com

kranthi (retainer advocate)     13 October 2011

File a memo in court that the J.Dr. is alianating the propery, i think when any court attachment order is there on any property and it was sold it is not a valid sale.


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