V. MURUGESAN Vs. S. H. YUSOOF NACHIYA

JUDGEMENT

(1.) This Civil Revision Petition has been filed, seeking to set aside the order dated 2.12.2015 passed in E.A.No.17 of 2012 in E.P.No.52 of 2011 in O.S.No.11 of 2011 by the learned Subordinate Judge, Thiruvarur, Thiruvarur District, wherein and whereby, the petition filed by the respondents herein, under Order 21 Rule 58 CPC seeking to raise the attachment was allowed.

(2.) The petitioner herein is the plaintiff and the respondents 1 and 2 are the 3rd party/claimants and respondent No.3 is the defendant. A suit in O.S.No.11 of 2011 was filed by the petitioner/plaintiff for recovery of money based on a pronote executed by the 3rd respondent/defendant herein. When the 2nd respondent/defendant tried to alienate the property, the petitioner/plaintiff filed a petition to attach it before judgement. Subsequently the suit also decreed ex parte on 09.06.2011. Since the 3rd respondent/defendant failed to pay the decree amount, the petitioner/plaintiff filed an Execution Petition in E.P.No.52 of 2011 and brought the petition scheduled property for auction. During the pendency of the Execution Proceedings, the respondents 1 and 2 have filed a petition in E.A.17/2012 under Or.21. Rule 58 and claimed that they are the owners of the property.

(3.) The averments of petition in E.A.17/2012 in brief:-