Recovery of money
G.Nagarajeshwar Rao
(Querist) 07 March 2011
This query is : Resolved
Respected Experts!
Suit filed for recovery of money with a petition attachment before judgment. The court ordered conditional attachment giving time of 7 days to furnish security. No third party security was furnished. Subsequently attachment is affected. The defendant had executed a G.P.A., in favour of third parties. Meanwhile the said third parties got executed sale deed in their favour by using G.P.A. Thereafter they came to court to raise the attachment which was affected on the property. The trial court raised the attachment. The plaintiff preferred revision on the order of the trial court. The High court of A.P. ordered that not to alienate the property in the hands of the third parties and the property shall be executed basing on the result of the suit. The suit is decreed. Thereafter E.P. is filed for sale of the said property arraying the subsequent purchasers. At initial stage the trial court rejected the E.P. against the subsequent purchasers. The same is preferred to High court and the High court held that the subsequent parties are necessary parties to adjudge the E.P. and if they are any interest they come with claim petition. The subsequent purchasers set exparte after filing their Vakalat., the defendant No.1 [borrower] contested the E.P. The question is whether the court can issue sale proclamation strait a way or court can issue the attachment again. please conform and en-light me properly with suitable authorities.
Raj Kumar Makkad
(Expert) 07 March 2011
In the given matter, as the buyer defendants have become ex-parte during the pendancy of execution petition so court have no other option to decide the matter accordingly and the decree can now be satisfied without further attaching the property as it is already attached. An auction can now be made by revenue authorities in compliaince to the order of executing court.
Advocate Bhartesh goyal
(Expert) 08 March 2011
Yes,property is already attached so no need to pass further order for attachment. now court must pass order for auction of property.
G.Nagarajeshwar Rao
(Querist) 08 March 2011
Sir!
During the pendency of the suit the third party purchasers [who purchased the property while existing the attachment] filed a petition for raising attachment. The same was allowed, on that order the plaintiff preferred a revision petition before High court of A.P., the Hon'ble High court did not restored the attachment which is raised by the trial court, but the High court held that the property should not be sell by the third parties and subject to out come of the suit result. The suit is decreed and at present E.P. is filed against all the parties including the third party purchasers. At this stage the attachment is required or straitly sale may be proceeded with auction?
a.manoharan
(Expert) 08 March 2011
As The AP HC court ordered that not to alienate the property till The suit is decreed. Thereafter E.P. is filed for sale of the said property arraying the subsequent purchasers. The same High court held that the subsequent parties are necessary parties to adjudge the E.P. and if they are any interest they come with claim petition. The subsequent purchasers set exparte and the defendant No.1 [borrower] contested the E.P.
****** At this stage, the court can issue sale proclamation strait a way and not necessary issue the attachment again. But for the previous safety measurements , better to attaching the property again as it is not a mortgage suit and the Hon'ble High court did not restore the attachment which is raised by the trial court. An auction can be made only in court . please clarify in this
a.manoharan
(Expert) 08 March 2011
WHAT YOUR SENIOR & MY FRIEND SAYS?
G.Nagarajeshwar Rao
(Querist) 08 March 2011
Dear Manoharan sir! My senior is Sri. Y.V.Vishweshwar Rao, who is expert in this website.
