How to recover loan amount in case the party not willing to pay.


Sir, i have given loan to a person since he has failed to repay the amount I have approached to court and the property is attached through honourable court and degree is also given. My dought is can I recover my hard earned money through selling the property or in case if the opposite person has any rights to stop it

Answers (3)


188 votes

Hi
An execution decree cannot be stayed or stopped unless there is an appeal filed against the order of the lower court and higher court have stayed the order of lower court.
Even if the other side had filed any appeal, the higher court will always direct the person to pay 25% or 50% of the monies prior to admission of appeal.
So , in a nutshell, in absence of any appeal, the execution decree cannot be stayed or stopped.


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237 votes

whereas the you have already approached court of law. and the property has been attached. and the court has also given the decree.

have you completely read the order copy, in which the points will be given

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As u have already obtained a decree in your favour u must now get the decree executed for which u should file Execution Petition ..After which u will enjoy the fruits of the decree..You can recover your hard earned money definitely and the other party has no right.There are various ways to get your decree executed .

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