Legal Question in Civil Litigation in India

Sub: 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?

Asked on 8/04/12, 3:10 am

anil kumar legal aid forum

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Order for sale will be given

Answered on 8/04/12, 4:36 am

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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When the attachment order was not set aside by the court the only order which remains is for sale.

Answered on 8/04/12, 5:36 am

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