I filed a case under Order XXXVII of CPC for recovery of Rs. 1,50,000/- from a person. The court decreed the suit in my favour with 6% Interest on principal sum along with costs amounting to Rs. 6,980/-.
The suit was decreed ex-parte. The defendants failed to appeal against the said decree, hence I am planning to file a Execution Petition for attachment & sale of Debtor's Immovable Property.
My Doubts are as follows :- 1. The Defendant's property which I am planning to attach is a commercial space(office) having a Carpet area of 250 sq.ft which is presently valued as per ready reckoner circle rate at Rs. 6,11,000/-.
Will court allow the application to attach & sell the property valued at Rs. 6,11,000/- in order to recover the decretal amount around Rs. 2 Lakhs ?
2. My Lawyer is telling that I will have to pay Sale Warrant Batta in the Court for sale of Debtor's property. But he is unable to tell me the estimated charges to be paid for Sale Warrant Batta.
What amount will I have to pay for Sale Warrant Batta ? How is the amount for Sale Warrant Batta calculated ?
3. Does the amount of Sale Warrant Batta depend on the market value of the immovable property to be sold or Principal Sum decreed in the Lawsuit ?
4. If Decree-Holder pays the Sale Warrant Batta, can he recover the same from the Purchaser who buys the property via Auction ?
5. Can Sale-warrant batta be deemed to be additonal cost of suit ? Which provision of the Code of Civil Procedure supports my query ?
There is no point in hesitating to file the Execution Petition. If allowed, the court will conduct the sale and return the excess amount, if any, to the judgment-debtor. The question as to amount of Bata will be taken care by the Registry.