ABDUL BASHEER Vs. RAMLA BEEVI

JUDGEMENT

(1.) The appellant is the claim petitioner in E.A.45/2002. The Suit came to be filed as O.S.392/1994 by the 1st respondent herein against her husband/the 2nd respondent, making a claim against her husband. She also moved an application seeking the attachment of immovable property belonging to her husband. The attachment order was passed on 22.3.1995 and the attachment was effected by the Ameen on 25.3.1995. The Suit was decreed on 6.10.1995. The defendant husband sold the property in favour of the petitioner herein on 20.11.1995 by way of a registered document.

(2.) When execution proceedings were taken, pursuant to the decree passed in the case the appellant, who is the purchaser of the property, filed an application under Order XXI Rule 58 of the Code of Civil Procedure. The Family Court dismissed the said application against which this appeal is filed.

(3.) The learned counsel for the appellant submits that Suit was of a collusive nature and there was no surviving claim between the parties. That apart, it is contended that the attachment was not effected and the encumbrance certificate produced in the case did not disclose that there was an attachment to the property. He being a bona fide purchaser, the claim petition ought to have been allowed by the Family Court.