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Amendment History: |
Δ.Κ. 20.5.1954 |
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This is the latest consolidated version of this rule. |
ORDER 43B : WRIT OF DELIVERY
1. Where it is sought to enforce a judgment or order for the recovery or delivery of any movable property by writ of delivery, the Court or a Judge may, upon the ex parte application of the plaintiff, order that execution shall issue for the delivery of the property, without giving the defendant the option of retaining the property upon paying its assessed value, if any, and that if the property cannot be found, and unless the Court or a Judge shall otherwise order, the deputy sheriff shall distrain all the movable and immovable property of the defendant till the defendant deliver the property; or, at the option of the plaintiff, that the deputy sheriff cause to be levied, by seizure and sale of the defendant's movable property, the assessed value, if any, of the property which cannot be found. The application for the writ of delivery shall be accompanied by a copy of the judgment or order sought to be enforced.
2. A writ of delivery shall be in Form 39E; and when a writ of delivery is issued, the plaintiff shall, either by the same or a separate writ of execution, be entitled to levy, by seizure and sale of the defendant's movable property, the damages and costs awarded, and interest.
3. Every writ of delivery shall be passed to a bailiff for execution; and, where damages or 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 delivery issued shall be entered in a separate register.