HEERA Vs. JOSE RIXON P. B.

JUDGEMENT

(1.) The dismissal of an application seeking impleadment in an execution proceeding and also the refusal to stay the execution under Order XXI Rule 29 CPC are under challenge in this original petition.

(2.) The petitioners are the daughter and wife of one Sujathan who is the judgment debtor. The decree is one for money.

(3.) In the suit, two items of properties were attached before judgment. Out of the two items, one item is the property now being proceeded against in the present execution petition 1.33 cents. As regards the other item of property the first petitioner herein-daughter of the judgment debtor, filed a claim petition as IA 4760/2015. The claim was allowed and the property was released from attachment. As regards the other item of property attached viz. the property now being proceeded against in execution-1.33 cents, there was no claim.