Transfer of execution petition for satisfaction of decree
Querist :
Anonymous
(Querist) 15 June 2011
This query is : Resolved
R/ LCI Members
Civil courts Rohtak passed a exparty decree for recovery of Rs. 1 lac, there after i filed execution but later on i came to know Judgment debtor have no moveable or immoveable property at Rohtak rather JD have a office in Faridabad, i have no knowledge regarding any property of JD except office having sufficient computers/furnitures etc at Faridabad, now i filed a transfer application for transferring the execution to Faridabad court which is now fixed for consideration , court view is that only on the ground as mentioned by me court cannot transfer the execution to Faridabad, kindly help with citation plz .Regards
PALNITKAR V.V.
(Expert) 16 June 2011
you have to furnish documents showing that the JD has property in the jurisdiction of Faridabad Court. Unless there is some prima facie evidence about existence of property in the jurisdiction of another court, a decree can not be transferred.
prabhakar singh
(Expert) 16 June 2011
Mr.Palnitkar v v HAS RIGHTLY ADDRESSED YOUR PROBLEM.
Querist :
Anonymous
(Querist) 16 June 2011
But Sir, problem is this i have no knowledge regarding property of JD except office (well Furnished)in Faridabad,any how thankyou very Much Sir
prabhakar singh
(Expert) 16 June 2011
YOU SHOULD MOVE AN APPLICATION SUPPORTED BY AFFIDAVIT BEFORE THE COURT WHICH HAS PASSED THE DECREE TO TRANSFER THE DECREE TO FARIDABAD ,STATING THAT JUDGEMENT DEBTOR HAS NO PROPERTY AT ROHATAK BUT DOES HAVE MOVABLES IN YOUR KNOWLEDGE AT HIS FARIDABAD'S OFFICE FROM WHICH YOUR DECREE CAN BE SATISFIED.
PALNITKAR V.V.
(Expert) 16 June 2011
Office and office furniture also comes within the term property. furnish office address and mention some articles like table, fan, cupboards etc and go for transfer.
Querist :
Anonymous
(Querist) 16 June 2011
Thanx to all R/ Experts
