MOHANACHANDRAN NAIR Vs. V. VARGHESE

JUDGEMENT

(1.) The unsuccessful plaintiff, who is dissatisfied with the finding of the Trial Court in I.A.No.2 of 2021 in O.S.No.37 of 2021 dtd. 9/11/2022, has preferred this second appeal under Sec. 100 r/w Order 42, Rule 1 of the Code of Civil Procedure (for short ' CPC' ). The plaintiff assails the order of the trial court and the verdict in Appeal Suit No.296 of 2022 dtd. 7/11/2023, whereby the learned District Judge also concurred the finding of the Trial Court.

(2.) Heard the learned counsel for the plaintiff, the 1st respondent in I.A.No.2 of 2021, on admission.

(3.) The sum and substance of the contention raised by the claim petitioners before the Trial Court was that the claim petitioners purchased 11 Ares of property comprised in Re-survey No.455/7 of Ayiroopara Village, Thiruvananthapuram as per sale deed No.3183 of 2020 of Pothencode SRO dtd. 3/12/2020. The petitioners purchased the property after verifying the encumbrance thereof. As on 10/2/2021, the plaintiff filed suit for recovery of money, and an order of attachment was obtained in I.A.No.1 of 2021 as on 12/2/2021. According to the claim petitioners, since the attachment was effected after about two months more from the date of purchase of the property by the claim petitioners, the attachment was liable to be lifted.