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haradatta (proprietor)     25 May 2012

Attachment of property by third parties


subsequent to myself getting a decree in money recovery suit, i had initiated execution proceedings long back in the year 2008 wherein the property of the JDR is under attachment of the court and the said proceedings is still in pending.  Things thus remaining, another creditor of the JDR had very recently filed a money recovery suit by obtaining the attachment over the JDR's property.  What i need to do? will i be able to bring to sale of the JDR'S property?  Need i should wait till the finality of the other suit been filed by other creditor?  Will i be able to realise my decreed amount in full or shall be on pro-rata basis?  Can i file any objections in the other suit been filed by the other creditor against the common JDR?  Pls clarify


 1 Replies

kvss.prabhakar rao (Advocate )     12 June 2012

Proceed with execution proceedings for selling thr property than a person agreived will join you if any execution prior to you  you can claim remaining balac of sale consideration conducted in acution .

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