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How to obtained the amount from the borrower through the executed e.p

(Querist) 09 April 2015 This query is : Resolved 
I lent Rs.1.5 lakhs to one person say B. As he did not repay, I filed suit to attach his property, one house. Subsequently the auction was conducted. The successful bidder deposited the amount in the Court. But within two days, the borrower, ie person B deposited all the borrowed amount,interest and court expenses in the court. Thus both the parties deposited the amount. Now what is the procedure to get my amount? My advocate states that unless the court decides to whom the house belongs, I cannot claim the amount. Whether this is correct?
Guest (Expert) 09 April 2015
Good hypothetically prepared academic query. If not, what is the verdict of the court and what process was adopted till the auction of the attached property was made?
Rajendra K Goyal (Expert) 10 April 2015
Full case file, including decisions need to be referred, consult local lawyer.


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