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State of Himachal Pradesh - Section

Section 129 in Himachal Pradesh Co-Operative Societies Rules, 1971

129. Distribution of assets when there are claims under several decrees.

(1)Where the sale officer attached, or has attached under these rules, any property not in the custody of any court, which is already under attachment made in execution of a decree of any court, such court shall receive and realize such property; and shall determine claims thereto and any objection to the attachment thereof :Provided that where property is under attachment in the execution of decrees of more courts than one, the court which shall receive or realise such property and shall determine any claim thereto, and any objection to the attachment thereof, shall be the court of highest grade, or where there is no difference in grade between such courts, the court under whose decree the property was first attached.
(2)Where the assets are held by the sale officer and before the receipt of such assets demand notices in pursuance of applications for execution of decree against the same judgement debtor have been received from more than one decree-holder and the decree-holders have not obtained satisfaction, the assets after deducting, the costs of realisation shall be rate ably distributed by the recovery officer among such decree holders in the manner provided in section 73 of the Code of Civil Procedure, 1908.