Apply for certified copy of decree
2) apply for execution of decree by attachment of defendant property or his bank accounts
What measure can the Plaintiff take if Defendant is not abiding by court decree
I'm the Plaintiff in a civil suit where I have paid 'X' sum to the Defendant as an advance for purchase of Land. Defendant had failed to sell the property to me and not returned my 'X. sum. The Honourable Court has issued a decree directing the Defendant to pay back the sum 'X' along with interest, totaling to sum 'Y' (mentioned in the decree) to the Plaintiff. However, the Defendant says that he can only pay less than half of 'Y' and wants us to settle. Is there any legal measure which I can follow to inform the Honourable court that the Defendant fails to honour the court judgement ? In simple words, How can I legally get the Defendant to honour the court judgement and pay the sum 'Y' in full ?
Asked 6 years ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
17 Answers
With Regard to filing an Execution petition, I have two questions : 1) The case is filed in the Honourable High Court of Chennai and the Decree is also from the same Honourable Court. The Defendant's Properties are in Chittoor, Andra Pradesh. Would attachment of these properties be a problem ? like they are in in two different Cities or sorts ? 2) After filing the EP, what will happen ? Will the Honourable court enforce/order the defendant to forcibly sell the attached property and settle the amount ? Will the Honourable court grant power to the Plaintiff to sell the said property and recover the sum ? Will the property be transferred to the Plaintiff ?
Asked 6 years ago
Decree would have to be transferred to Chittoor AP for attachment of properties in Chittoor
2) if inspite of attachment of property if defendant fails to pay court can direct sale of property
1) The Transfer of Decree to Chittoor AP, would that be a cumbersome/time-consuming process ? would it warrant any additional legal measures ? 2) "By Direct sale of property", the Honourable court will have complete authority to handle the sale ? My concern lies in the fact that if the court orders the defendant to sell the property, then he is likely to bluff that there are no buyers or that the property is unable to yield a value (which is not true) 3) for Attaching a property to the EP, what documents are required ? I have the property tax assessment numbers which show the properties to be in the name of the defendant, will this suffice ?
Asked 6 years ago
Yes you can file for execution and get his property attached
1) it may take some time for transfer of decree .
2) local lawyer can guide you as to time to be taken
3) defendant does not sell the property . It is done as per court orders
4) you have to submit details of property to be attached
1. Yes you can file execution petition Against Judgement debtor.
2. Pray for attachment of his property to clear your dues.
3. You cn file EP district court of your area for execution of orders from honourable High court.
4. Court will order selling of property by way of auction.
There are two remedies
Contempt petition and execution petition
The properties of the defendants, be it moveable or immovable, and wherever situated, both can be attached and sold in execution of decree
The defendant can be directed by court to make disclosures about the properties he owns
File execution before the honble court to get the order of court executed the court will order recovery of full amount along interest by attachment of property.
1. No.there won't be problem the concerned high court shall direct the district magistrate there is laid down procedure for same the decree shall be transferred.
2. The court will grant opportunity to the defendant of hearing and attach and auction the property.
1. See it won't create any extra burden though it may take some time.
2. See the court will get valuation of property don't and sale it through auction.
3. Yes rest.court can direct for other details.
1. See it won't create any extra burden though it may take some time.
2. See the court will get valuation of property don't and sale it through auction.
3. Yes rest.court can direct for other details.
1. See it won't create any extra burden though it may take some time.
2. See the court will get valuation of property don't and sale it through auction.
3. Yes rest.court can direct for other details.
Ans:- You can file an application in the Court asking for the attachment of his properties which are on his own name.
Once you file such an application, the court will call upon him to answer to the application. If you get such an order then the court will proceed to attach his property and sell it thereby releasing the sale proceeds in your favour.
Have to file execution petition. Once HC will ordered attachment, executebale against any property. Court will direct collector for attachment.
Only order of court and details of property will mention in EP.
For all practical purposes you are the Decree Holder and the other party is the Judgement Debtor. Now if the JDR is not complying with the orders of the court, then as suggested by members of this forum, an execution petition must be filed before the same court. The court then will aid and assist you by certain means only to recover the amounts as per the decree. Now you may seek attachment of movables or immovables, but you must assist the Hon'ble court by providing details of such properties.
In your case, you have identified one immovable property in Chittor, AP, this being the case, you will have to obtain the order of attachment from this court and then file for a transfer of the order to AP court which has jurisdiction to assist you in attaching the property there.
Once this is done, if the JDR fails to pay the money even after attachment, then the court will order for sale by public auction, where members of the public will participate and purchase the properties and deposit the amount into the court. Once this is done, the amount which is due to you together with interest will be paid to you and the balance will be returned to the JDR.
Other than property tax assessment numbers, the Encumbrance certificate or title deed may be procured and submitted to the court, it will help in getting early orders.
- Since, the Court has already grant decree of the amount in your favour, hence now , for the executing the said decree , you should file an Execution Petition before the same court .
- Yes, High court of Chennai is not having jurisdiction for execution of the said decree. It can be executed from the court of Andhra Pradesh.
- However, firstly you should file the execution petition in the same court , that decreed , and further , the said court will grant you a transfer certificate of the execution petition for executing in A.P.
- After getting the said transfer certificate , you should engage any lawyer in A.P. for executing the said decree .
- After filing the E.P in A.P. court will pass direction to attach the property of the Defendant, firstly with the support of Court staff and further by police officials.
- If , the attachment property not covers sum of decreetal amount , then court will issue arrest warrant against the defendant.
-No. it will take very short time to execute the said passed decree,even after transfer of the E.P in A.P.
- Yes, you should take the certified copy of the said decree passed by Chennai H.C. , and the said tax assessment number is suffice.
Since you have got the decree in your favor, you will become decree holder and the defendant will be known as judgment debtor.
You can file an execution petition to execute the judgment as per procedures of law.
1. In light of judgment by supreme court the law has been settled that while enforcing an award, execution proceedings can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the Court which would have jurisdiction over the arbitral proceedings
2. If you seek for an attachment of the property the same can be attached and brought to auction sale also to recover the amount due from the borrower.
1. There is no necessity to transfer the decree to Chittoor, you can file an EP based on the judgment at Chittoor court.
2. In EP the court will not direct the defendant to sell the property, the court itself will arrange for auction sale.
3. You may have to get the certified copy of the sale deed or title deed on the name of the borrower besides any other relevant documents.
Apply for certified copy of decree. File Execution petition Once an application for Execution of decree is received by the Court, The court will appoint an officer who will be in-charge of selling the property in execution of the decree.
