Sale
GANGO PADHYAYA
(Querist) 15 August 2013
This query is : Resolved
Sir
Execution Proceedings (E.P.)for sale :
DHR amount is 5,22,000/-
On the day of sale auction proceedings the JDR entered with son filed the claim petition UNDER SECTION 47 OF CPC.
IN THE CLAIM PETITION SECOND CLAIMANT IS JDR IN EP
contended that DHR received an amount of Rs.1,30,000/- and filed alleged will that property belongs to son.
at this juncture the Court Proclamation sale is waived.
posted to counter
NOW WHAT THE DHR CAN DO :
THE AMOUNT RECEIVED BY HIM AFTER FILED EXECUTION PROCEEDINGS
ABOUT WILL : THE WILL IS ALLEGED ONE
JDR COMES TO COMPROMISE FOR PAYMENT OF Rs.3,00,000/-
AFTER DEDUCTING Rs.,1,30,000/-
NOW WHAT CAN DHR DO: HE MAY GO FOR COMPROMISE OR ELSE GO FOR CONTEST THE CASE:
WHAT IS THE REMEDY FOR SECTION 47 CPC.
Devajyoti Barman
(Expert) 16 August 2013
I always consider compromise to be the good way to end litigation.
The time it would take to finally pass the judgment , you may loose more than one lac.
So take wherever is offered and end this chapter.
Raj Kumar Makkad
(Expert) 16 August 2013
DHR should try to get the petition filed by JDR and his son dismissed as the same has no merit and lacking substances.
GANGO PADHYAYA
(Querist) 16 August 2013
what are the points to draft petition please guide me to contest
Devajyoti Barman
(Expert) 16 August 2013
You are an advocate, you should know the points of compromise petition.
Rajendra K Goyal
(Expert) 16 August 2013
Agree with the expert Devajyoti Barman ji, nothing more to add.
Raj Kumar Makkad
(Expert) 16 August 2013
You should take the help of a senior or you may send the documents personally to either of he experts to help you individually as desired.
