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madhu mittal (director)     04 August 2012

Whether order of attachment or sale should be passed

A decree in favour of Plaintiff was order on 13.05.2011   for Rs. 129530/- + 12 % p.a.interest from 01.04.2008.

Execution petition was filed on 10.08.2011, thereupon an order of attachment on 18.08.2011 was made and the said order was executed on 19.12.2011 by pasting at the residence of defendant. On this a new person named Manju came in court with application u/O 21 r 97 read with section 151 on 18.01.2012 that she has purchased the attached property in June 2011 and all original papers are with her. On this an application was made on 12.03.2012 by Plaintiff that copy of papers of attached property should be brought in court, but after giving a number of hearing dates, on 17.08.2012, the application of so called Manju  u/o 21 r 97 r/w 151 was dismissed and simultaneously the order of attachement  was given according the order of dated 18.08.2011.

 

Here is my point, when the order of attachment 18.08.2011 was already executed and thereafter applicaction u/o 21 r 97 was dismissed, then whether the order of sale should be given or again the order of attachement should be given or now what remedy should be sought by Plaintiff?



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 August 2012

When property is already attached, now the next stage will be for sale.

surjit singh (Assistant)     07 August 2012

As Mrs. Archana said the only procedure left in final execution proceeding is the order of sale.


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