Auction of property attached

Querist : Anonymous (Querist) 16 September 2011 This query is : Resolved
In an execution petition of suit for recovery of money, house of J.D. is attached and auction was conducted, however it was not completed. Then, agricultural land of J.D. was attached and auctioned but due to no bidder it failed. However, both the properties are still in attachment.

In the mean time J.D. filed appeal. As per the order of appellate court conditional stay was granted. Appellate Court order to furnish surety, accordingly surety of Rs. 70,000 furnished. Later on appeal dismissed.

Inspite of the above said two properties of J.D. are still attachment. D.H. suppressed this fact. Agri. land of surety is again attached and put of auction.

What is the remedy for surety? Is this attachment is legal? plz. site any rulings to save the property of surety.

Thanks.

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prabhakar singh (Expert) 16 September 2011
The surety opted to bear the shoes of JD by standing as surety,the DH became in privileged status to recover from either surety or JD or from both so long his decree remains unsatisfied,he found it easier to recover from the surety,and recovered.WHAT WRONG YOU SEE IN IT???????????????????????????????

THE REMEDY OF SURETY IS TO RECOVER FROM JD ,A NEW INNING,IF HE DOES NOT PAY ON DEMAND.

Querist : Anonymous (Querist) 17 September 2011
Sir, He is surety and not guarantor. As per my view, as soon as the appeal is disposed off, surety should be exonerate from his liability. Isn't it?

Further, prior to attaching the property of surety, two properties of J.D. were attached and put to auction.

Please suggest me the way to release the property of surety.

R.Ramachandran (Expert) 17 September 2011
Now that the appeal of the J.D. had been dismissed, let the Surety make an application before the Court to direct the D.H. to first dispose of the attached properties of the J.D., before disposing of the property of the Surety. Till disposal of the property of the J.D. and satisfaction of the D.H., the property of the surety cannot be got released. Only thing is, you will be able to ensure that surety's property is not disposed of before the properties of the J.D. are disposed of.