application o21 r58

S. Fernandes (Querist) 23 October 2013 This query is : Resolved
Dear Mr Raj Kumar, Thank you and all others for the kind assitance. This is the time line in the matter: Dec 09: I filled suit for money recovery,against partnership firm of four parners,along with an application under O39 for temp injunction to restraint the defendants from alianating their partnership property being a factory premise,wich is the only asset available to settle m y dues. Feb 10: During the subsistance of the suit and injunction proceedings the defendants through a POA on behalf of Partners sold the said factory premises to third party. Third Party mordgages the said factory premise to Bank. April 10: Court passes order of injunction as prayed, in my favour. Oct 10: Suit decreed as prayed, in my favour. July 12: I file in capacity now of DH, Execution proceedings. Aug 13: I attach the factory property. The said Third Party files objections under R58 of O21 praying that attachment be lifted as the said factory premises have been purchased by him prior to the decree being passed, and further disclosed that the said factory premises are also mortgaged to the bank all in Feb'10. Bank (mortgagee) has not appeared to date, even though third party(mortgager)has filled objections filled objections. Partnership Firm still subsists. No Business being carriedout as business premises, being the said Factory premises is sold to said Third Party. Questions: 1- Can Partnership Property be sold even though the Partnership is not desolved. The principal business of the Partnership was the manufacture and sale of Ice Creams. 2 - Can Partnership during the subsistance of the partnership be sold through a POA. Reference sec 19, 20 & 22 of Partnership act 192. 3 - Is this a lis pendant sale. 4- Can the bank(mortgagee) who has not reponded to the atachment be ignored.

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