attchment of property before judgement

Querist : Anonymous (Querist) 18 July 2010 This query is : Resolved
plaintiff filed petition under order 38 rule 5 of cpc before judgement to attch the property of defendant. court directed defendant not to alienate the property instead of giving attachment order,by way of injunction.the said petition was also made absolute.suit was decreed.later defendant sold the property under regsale deed.my question is whether the plaintiff is entitled to brought the property for sale eventhough there is no attachment order.whether the plaintiff can brought the property for sale basing on the injunction order.

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Devajyoti Barman (Expert) 18 July 2010
In the existence of the order of injunction the sale has certainly is not binding upon you and it can be set side.

s.subramanian (Expert) 24 July 2010
the sale by the defendant is invalid. it will not bind you. but you have to execute the decree seeking attachment and then bring the property for sale. injunction cannot amount to attachment.

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