Anti Corruption Team ACT help desk Knowledgebase Law and Legal Remedies - Litigation Process Civil Cases Execution of awards - claims
Method of Exectuion
Suggested knowledgebase articles:

Knowledgebase Law and Legal Remedies - Litigation Process Civil Cases Execution of awards - claims Method of Exectuion

Attachments
Claim Petitions

Articles in this category

Execution of different kinds of decrees

Execution of different kinds of decrees 1) Simple money suit :- By arrest 2) Mortagage Decree By attachment and sale 3) Maintenance Decree
Arrest

Arrest Whether there are any limitations: Women are exempted from arrest in execution of money decree (Sec.56 C.P.C) Certain class of persons are exempted from arrest (Sec.55 (2) CPC) If the decree is...
ATTACHMENT AND SALE OF IMMOVABLE PROPERTY

ATTACHMENT AND SALE OF IMMOVABLE PROPERTY: i) The Court which can sell the immovable property – Small Causes Courts cannot sell the property, original courts only can sell the property. If the decree ...
Private Sale of Property by J.Dr to raise the amount

Private Sale of Property by J.Dr to raise the amount Order 21 Rule 83 and its proviso In case of mortgaged and charged property, the provision is not applicable. Appendix –E, Form No.35 C.P.C. Adjourn...
If the mistake lies with the Court

If the mistake lies with the CourtPlease refer: Ambati Raghavulu –vs- Mova Venkamma and others (AIR 1962 AP 334) Rosali V. Vs Taico Bank and others (AIR 2007 SC 998
Steps to be taken after the sale

Steps to be taken after the sale There must be Nazir’s report vide Rule 276 of C.R.P. Form No.71 of C.R.P. E.P. must be called on further hearing date. In default of payment of balance amount, the amo...
Claim Petitions

Claim Petitions i) Under Order 21 Rule 89 C.P.C. payment can be made by J.Dr or other persons. He has to pay auction amount and another 5% of the amount. Rule 278 and Form No.72 of Civil Rules of Prac...
Confirmation of the Sale:

Confirmation of the Sale: The Bench Clerk has to put up a note that i) No application under Order. 21 Rule 89, under Order 21 Rule 90 or Order 21 Rule 91/ is filed and dismissed. ii) Balance sale cons...
Delivery

Delivery : O.21 R.95 Order 21 Rule 96; tenant Appendix-E, Form No.39 C.P.C. - AP Amendment. Limitation : one year (Art.134 of Limitation Act) (Patnam Khader Khan Vs. Patnam Sardar Khan) (1996 (5) SCC ...
The properties that cannot be attached.

The properties that cannot be attached. Pl.Read Sec.60 CPC under which certain properties are exempted from attachment and sale
The properties that can be attached:

The properties that can be attached: a) Immovable properties (O.21 R.54) b) Movable properties: Warrant of attachment – Form No.8/app.E/CPC Bond for safe custody of] Of movable properties ] - Form No....
Execution of Decree for possession of movable and immovable properties

4) . Execution of Decree for possession of movable and immovable properties. O.21 Rule 31 – Possession of movables – Form 9/App.E/CPC O.21 Rule 35 – Possession of Immovble properties - Form No.11/App....
Decree in partition suit In the first instance

5) . Decree in partition suit In the first instance, a Preliminary Decree shall be passed. Later on application of either party, a Final Decree will be passed allotting particular property to a partic...
Execution of Decree in simple injunction suit:

6) Execution of Decree in simple injunction suit: O.21 Rule 32 1. by attachment 2. detention in Civil prison or 3. by both No limitation is prescribed U/Art. 136 of Limitation Act. Issue attachment – ...
Execution of the Decree for Mandatory Injunction.

Execution of the Decree for Mandatory Injunction. 8) Execution of Decree for specific performance of Agreement of sale and endorsement. In execution of decree for specific performance of agreement of ...
Execution of decree for restitution of conjugal rights

9) Execution of decree for restitution of conjugal rights: O.21 Rules 32 & 33 (The J.Dr. cannot be detained in civil prison
Execution of Decree under Rent Control Act

10) Execution of Decree under Rent Control Act: Sec.15 of A.P.Rent Control Act Rule 23 Limitation 6 months Delay petition 23 proviso No notice is necessary to J.Dr. If against L.R. – notice is mandato...
PROCEDURE IN EXECUTION

PROCEDURE IN EXECUTION: Section 51 to 54 talks about procedure in execution or mode for execution:  Section 51: this section gives the power to court to enforce the decree in general. This section de...