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Author Topic: Procedure for filing Interlocutory Application in an ongoing Execution Case  (Read 297 times)

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Offline tj85

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I filed an Execution Petition for execution of a Money Decree passed by a District Civil Court in Maharashtra. The matter has been adjourned by the Court till 30th June,2017.

My Queries :
1. Can I file an Interlocutory Application before the 30th June, 2017 ? Will the Court allow such application?
The matter was last heard by the Court on Jan,20th, 2017.
2. Can an Interlocutory Application be filed for issuance of 'precept' under Section 46 of the C.P.C. to protect the interest of Decree-Holder ?
3. How many days does the court normally take to dispose-off an Interlocutory Application ?
4. For example, if I file I.A. in 1st Week of April,2017 then when can I expect orders in my I.A. ?
5. Is there any special/separate format for filing Interlocutory Application or it can be drafted as a regular petition ?
6. What is the amount of court-fees to be paid for filing an Interlocutory Application seeking orders against an Immovable Property ?
7. Is Interlocutory Application filed along with supporting affidavit ? Is it a mandatory requirement ?
8. How many copies of the Interlocutory Application has to be submitted in the court along with the original application ?
9. Who will send a copy of the Interlocutory Application to the Opposite Party ? Is it sent by the Court or I will have to sent it myself ?

Offline adv.amarnath

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1. Can I file an Interlocutory Application before the 30th June, 2017 ? Will the Court allow such application?
The matter was last heard by the Court on Jan,20th, 2017.
Ans: By way of Put Up Petition serving copy to the Judgment debtor, if they are contesting the same.

2. Can an Interlocutory Application be filed for issuance of 'precept' under Section 46 of the C.P.C. to protect the interest of Decree-Holder ?
Ans: It will be considered as per its urgency and merit.

3. How many days does the court normally take to dispose-off an Interlocutory Application ?
Ans: It varies from court to court and situation to situation.

4. For example, if I file I.A. in 1st Week of April,2017 then when can I expect orders in my I.A. ?
Ans: Same ans no. 3 applicable

5. Is there any special/separate format for filing Interlocutory Application or it can be drafted as a regular petition ?
Ans: All petitions are interlocutory in nature.

6. What is the amount of court-fees to be paid for filing an Interlocutory Application seeking orders against an Immovable Property ?
Ans: Generally Rs.10 but sometimes varies.

7. Is Interlocutory Application filed along with supporting affidavit ? Is it a mandatory requirement ?
Ans: Yes,

8. How many copies of the Interlocutory Application has to be submitted in the court along with the original application ?
Ans: One original Copy

9. Who will send a copy of the Interlocutory Application to the Opposite Party ? Is it sent by the Court or I will have to sent it myself ?
Ans: If they are contesting then you have to serve them through lawyer else not required. In alternative you can sent through india post.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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