APCRPCO Section 258 : Application for Sale of Attached Property

Act

Summary

Section 258 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, outlines the process for a decree-holder to apply for the sale of attached property. This can be done orally at an adjourned hearing of the execution petition or through a written application using Form No. 67 at any other time. The section provides a structured approach for executing the sale of property under legal proceedings.

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Explanation using Example

Example 1: Application for Sale of Attached Property at an Adjourned Hearing

Introduction: Raj, a decree-holder, has obtained a court decree against Sita for an unpaid debt. Sita's property has been attached by the court as part of the execution proceedings.

Application: During an adjourned hearing of the execution petition, Raj orally applies for the sale of Sita's attached property, as permitted under Section 258 of The Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990.

Outcome: The court considers Raj's oral application and, upon verifying the procedural compliance, schedules the sale of the attached property. This demonstrates the flexibility of making an oral application during adjourned hearings.

Conclusion: Raj's compliance with the provision allows the execution process to proceed efficiently, highlighting the importance of understanding procedural opportunities.

Example 2: Written Application for Sale of Attached Property

Introduction: Meena, a decree-holder, seeks to enforce a court decree against Ravi by selling his attached property. The execution petition is not currently in an adjourned hearing.

Application: Meena submits a written application...

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