Θεσμοί Πολιτικής Δικονόμίας

Amendment History:

Δ.Κ. 20.5.1954

This is the latest consolidated version of this rule.

[Text added by: Δ.Κ. 20.5.1954:] ORDER 43A : WRIT OF POSSESSION

1. (1) Where a judgment or order of a Court for the recovery or delivery of possession of any immovable property is sought to be enforced by a writ of possession, the writ may be issued by leave of the Court or a Judge obtained on an ex parte application by the plaintiff supported by an affidavit. The affidavit shall be in Form 39C and the writ in Form 39D.

(2) Such leave shall not be given unless it is shown that all persons in actual possession of the whole or any part of the property have received such notice of the proceedings as may be considered sufficient to enable them to apply to the Court for relief or otherwise.

2. Upon any judgment or order for the recovery of any property and costs, there may be either one writ or separate writs of execution for the recovery of possession and for the costs at the option of the successful party.

3. Every writ of possession shall be passed to a bailiff for execution, and, where costs are to be recovered under the same writ, the provisions of Order 44 shall be observed in so far as they are applicable except that every writ of possession issued shall be entered in a separate register.