Respected Lawyers,
I need your expert views on the below.
In the money recovery suit (special civil suit), the judgment is made in my favor ( in mid-2011). We filed caveat application and waited for four months to see any response from JD whether going to challenge the decision in upper court.
Since there is no response from JD, we filed EP in December 2011 in the court to do the recovery by attaching the immovable properties (Order 21 rule 54). We send the court summons to JD. He didn't responded.
Then we sent the newspaper notice and waited 2 months. No response from JD.
So we filed application in front of honorable judge. On one hearing date honorable judge said he is busy so he will look into the matter next date. On the next hearing date honorable judge was on leave. So we received new court date in May'2012. On this court date honorable judge signed "No Say" Order but refused to sign attachment order/warrant and he gave the next hearing date. In May & Half-June is court holidays.
I am very much nervous that if during this period if the JD made any transfer/sell of the property which we attached. Will this property transaction will be valid? Can we ask honorable judge to cancel such transaction since JD purposefully selling/changing the ownership of the property?
Since JDs not appeared in the court and honorable judge made many painful delays for no reason and if the property sold then I will be screwed up. This will be big problem.
I am very much anxious to do my money recovery. Any suggestion will be greatly help.
Thank you very very much for your time.
