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O.21 R.54

O.21 R.54: In Execution proceeding, Application for attachment of Immovable property

The accrual of cause of action to file this Application: Where the decree is passed for the possession of an Immovable property, the Judgment Creditor may make an Application for attachment of the subject property, in the manner prescribed under this Rule, thereby prohibiting the judgment-debtor from transferring or charging the property in any way.


The Application may be taken in the form of a Notice of Motion / Notice / Exhibit / Chamber Summons, as may be prescribed under the applicable provision of law, and duly verified by the Applicant.

O.21 Rule 54: Attachment of immovable property
(1) Where the property is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge.
(1A) The order shall also require the judgment-debtor to attend Court on a specified date to take notice of the date to be fixed for settling the terms of the proclamation of sale.
(2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the Court-house, and also, where the property is land paying revenue to the Government, in the office of the Collector of the district in which the land is situate and, where the property is land situate in a village, also in the office of the Gram Panchayat, if any, having jurisdiction over that village.


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