Removal of attachment after satisfaction of the decree

Removal of attachment after satisfaction of the decree— As per Order 21, Rule 55, in the following circumstances, the attachment may be terminated: (1) When all the costs and charges of the decretal amount are paid into the Court. (2) Satisfaction of the decree is otherwise made through the Court or certified to the Court. (3) The decree is set aside. (4) On furnishing the required security by the J.Dr. (5) By compromise between the parties. (6) By an express order withdrawing or putting an end to the attachment. (7) By sale of the attached property in execution of the decree. (8) By abandonment of the attachment by the decree-holder. The modes in which various properties may be attached are as given below:- TYPE OF PROPERTY MODE OF ATTACHMENT 1. Movable property in possession of judgement debtor by actual Seizure and sale if the property is subject to speedy and natural decay. 2. Movable property not in possession of judgement debtor by order prohibiting person in possession from giving it to judgement debtor. 3. Negotiable instrument by actual seizure and bringing it to court. 4. Debt not secured by a negotiable Instrument By an order-prohibiting creditor from recovery of the debt and debtor from paying the debt with a directive to deposit the amount in court. 5. Share in a company by an order prohibiting the holder from transferring it or receiving dividend. 6. Share or interest in movable property by notice to the judgement debtor prohibiting him from transferring or charging it. 7. Salary or allowance of employee by an order that amount shall be withheld from such salary or allowances. 8. Partnership property by making an order of 1. Attaching the interest share of the partner and partnership. 2. Appointing a receiver of the share. 3. Directing production of accounts. 4. Ordering sale of such interest. 9. Property in custody of other court or officer by notice requesting that such property may be held subject to order of the court 10. Decree for payment of money or Sale in enforcement of a mortgage or a charge. By an order of such court. 11. Agricultural produce By affixing copy of warrant on the land and on the house where judgement debtor resides. 12. Immovable property By an order prohibiting judgement debtor from charging or transferring it. Attachment has been described as seizing another’s property and involves the act or process of taking, apprehending or seizing the property and bringing the same in custody of the court. It is mainly used to seize the debtor’s property in order to secure the claim of the creditor. The orders of attachment if promptly passed may effectively prevent the judgement debtor from transferring his property and expedite the compliance of decree including payment of money