Execution

Querist : Anonymous (Querist) 04 December 2010 This query is : Resolved
Dear Sir,
My query is that i have filed the execution petition and the warrant of attachment has been issued. when we went for the attachment of the property, i found that the said property was already attached by other one. and this fact also came in my knowledge that the party was shifted to Nepal. Now my query is that what can i do in my case. I also gave the submission before the court to issue summons to the JD under order 5 Rule 25. but the executing court refuses my request.

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s.subramanian (Expert) 04 December 2010
Even if it has been attached already you may wait till the same is sold in auction. If it is capable of fetching more money,after satisfying the earlier decretal dues,the rest will be paid to you.

Arvind Singh Chauhan (Expert) 04 December 2010
Exact advice has been given by Subramainan Sir.

niranjan (Expert) 04 December 2010
I think other attaching court should be given notice by your court about your claim with true copy of attachment order and your claim under O.21 Rule 52.

Advocate Bhartesh goyal (Expert) 07 December 2010
Mr.S.Subramanian is right.

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