VIJAYALEKSHMI Vs. SHERLY

JUDGEMENT

(1.) Respondents 1 to 4 instituted O.S. No. 1359 of 2009 on the file of the court of the First Additional Subordinate Judges Court, Thiruvananthapuram against the fifth respondent for a decree for realisation of Rs. 12,71,500/- with interest with a prayer to make the plaint schedule property a charge for the decree amount. It was alleged by the plaintiffs that the defendant agreed to sell the plaint schedule property to the predecessor in interest of the plaintiffs for a sale consideration of Rs. 15,79,300/- and he received a sum of Rs. one lakh as advance. Subsequently, various amounts were paid to the defendant. According to the plaintiffs, they paid a total sum of Rs. 1l lakhs to the defendant.

(2.) The suit was filed on 21.11.2009. I.A.No.3037 of 2009 was filed for attachment before judgment of the plaint schedule property. An order of attachment was passed on 3.4.2010.

(3.) The petitioners, claiming that they are the assignees of the property from the defendant as per the sale deed executed on 18.3.2010, filed I.A. No. 881 of 2010 under Rule 8 of Order 38 of the Code of Civil Procedure praying for lifting the order of attachment. The petitioners contended that on 4.12.2009, the defendant entered into an agreement for sale with the petitioners in respect of the plaint schedule property. Sale deed was executed on 18.3.2010. The petitioners contended that the agreement for sale and the sale deed were executed before passing the order of attachment on 3.4.2010. The plaintiffs filed objection to the claim petition. The claim petition is pending disposal.