Court auction - sale of non-party property -

Querist : Anonymous (Querist) 15 November 2025 This query is : Resolved
Vikram Kesari Das executed a promissory note and the lender filed is a suit for recovery basing on promissory note but Vikram Kesari Das did not filed written statement and set expected and the court passed experte degree against him. Vikram's father Dudister Das and his brother Dharma Das purchased indivudual sites through a un-registered sale deed and both constructed independent houses in their sites. Since many years both families left the village and even Dudister Das had no knowledge of the case. The plaintiff attached said house property and brought it for auction and the court conducted auction. later dudister das came to know that his house put to sale and the court delivered the possession to the auction purchaser. After getting the knowledge of the same the defendants Dudister Das has filed a petition under order 21 rule 59 and section 151 or CPC in June, 2025 but the court returned the same on 29.09.25 stating that there is no maintenability of petition after the auction sale has been conducted and objection period was expired , and dudister das's counsel taken the returned file on 04.11.2025. Here another twist also there, the staff of the court physically delivered the adjacent house (Dharma Das's house) of Dudister Das to the auction purchaser and the auction purchaser locked it. Now what is the remedy available to the defendants father Dudister das who is the real owner of the house. How he can approach and protect and get back is property ?? Can he move directly to high court? If so under what ground. Whether Dudister das can file another petition U/o21 rule 90.....

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This discussion concerns a property owned by Dudister Das, which was mistakenly attached and sold at a court auction due to a debt owed by his son, Vikram Kesari Das. Despite Dudister Das filing a petition to object after the auction, it was dismissed. Furthermore, the adjacent property owned by his brother Dharma Das was also mistakenly handed over to the auction purchaser. The core issue is how Dudister Das can reclaim his property and what legal avenues are available, including potential High Court intervention.

kavksatyanarayana (Expert) 15 November 2025
Vikram Kesari Das has no right over the property of his father and his uncle's own (whether registered or unregistered). The father and uncle can contest this attachment, but they would have to prove their property is not liable for the debt.

T. Kalaiselvan, Advocate (Expert) 15 November 2025
The borrower's father, if was a surety then the house property on his name can be attached by court provided the borrower has not repaid the loan, hence the guranator's assets can be attached.
You are not able to explain your actual problem properly hence you may better consult your own advocate and listen to him patiently and proceed as suggested

P. Venu (Expert) 19 November 2025
Any meaningful suggestion requires that the Court Judgment/Decree/Orders be perused and issues discussed.

Which are the Case Nos.? Which Court?

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