Order 21 cpc

lalhriatpuia (Querist) 28 September 2013 This query is : Resolved
the trial court passed J&O against the defendant and decreed that the defendant is liable to pay 15 lakhs to the plaintiff. an execution case was filed for recovery of the same and the D/H prayed that for recovery of the decreetal amount,the J/D landed property be auctioned but the said pass of the landed property is in the custody of the J/D and he is not willing to deposit the same to the court for auction sale.

so is the situation, is it proper to proceed sale without the pass of the said landed property. if it not proper, under what provision the sale proceed or recovery of the decreetal amount be made

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Nadeem Qureshi (Expert) 28 September 2013
Dear Querist
Read the Order 21 rule 64 to rule 96 of CPC.

Raj Kumar Makkad (Expert) 28 September 2013
None has power to defy the lawful order of the court. JD cannot stick to his possession over the property if the order of its auction have been passed by the court.

prabhakar singh (Expert) 28 September 2013
Once an order of attachment is passed and communicated in manner provided in CPC,JD losses his right over the same and court obtains symbolic possession of that property,which it can hand over to auction buyer in whose favor sale has been finally confirmed, forcibly ejecting JD domain from it.