KALIAMMAL Vs. S SANTHA

JUDGEMENT

(1.) Appeal dismissedS.Santha, the first respondent herein filed an application before the executing Court for releasing the property from attachment which she had purchased from the judgment-debtor. The decree-holder, the plaintiff in the original suit, Kaliammal, contested the said application. However, the executing Court allowed the said application. Having aggrieved over the same, the said Kaliammal. the decree-holder filed the above appeal.

(2.) The short facts of the case are as follows : Kaliammal, the plaintiff filed a suit against the respondents 2 to 6 and obtained a money decree against them in O.S. No. 309 of 1972. For the purpose of execution of the decree, she filed E. P. No. 91 of 1974 and the same was subsequently dismissed. In the year 1980, i.e. on 11-4-1980, the plaintiff filed another petition in E. P. No. 294 of 1980 in respect of "A" and "B" schedule properties. However, in view of the stay granted by the appellate forum, by order dated 16-2-1982, the said petition was closed.

(3.) Again in the year 1984, the plaintiff initiated another execution proceedings in E. P. No. 62 of 1984 and the same was ultimately dismissed for default on the part of the plaintiff on 12-12-1984. Subsequent to the dismissal of the said petition, the plaintiff filed proceedings in E. P. No. 55 of 1985 before the executing Court.