RAMA HARIDAS Vs. AMINA

JUDGEMENT

(1.) Appeal is directed against the order passed by the learned Sub Judge, Kozhikode, allowing a claim petition filed under Order 21 Rule 58 of the Code of Civil Procedure (for short, 'the Code'). Application of first respondent/claimant setting forth claim, title, right, and interest over the property attached in the execution over a decree obtained by appellant/decree-holder, after adjudication, was allowed by the learned Sub Judge, and its correctness is assailed in this appeal. Decree executed was passed in a suit for dissolution of a partnership firm and settlement of accounts. In execution of that decree appellant proceeded against the second respondent/judgment-debtor and a property belonging to him was attached. Objections raised by judgment-debtor/second respondent impeaching the attachment on the ground that he had alienated that property before institution of suit was repelled by execution Court holding it as a fraudulent transfer, and the proceedings continued. At that stage, first respondent moved a claim petition over the attached property on the basis of assignment obtained from the transferee of the second respondent. Her claim was resisted by the appellant/decree-holder. The execution Court holding that transfer of the attached property by second respondent/judgment-debtor to the vendee of first respondent was before institution of the suit upheld the claim and lifted the attachment. Questioning the correctness of that order, decree-holder/appellant has preferred this appeal.