NALINI SIVAPRAKASH Vs. K A GANESAN

JUDGEMENT

(1.) The short question to be decided in this appeal is, the stage at which the petition under Order 21 Rule 58 of Civil Procedure Code can be filed, during the course of Execution Proceedings, raising objection to the attachment of movable properties, i.e., whether the petition can be filed on the orders of attachment being ordered by the Court or it can be filed only after the execution of orders of attachment.

(2.) This appeal has been filed by the appellant/third party to the suit/Execution Petition. The respondents 1 and 2 herein are the decree holder and judgment debtor respectively. The first respondent herein had obtained a money decree in O.S.No.4460 of 1996, dated 4.11.1996. Execution Petition has been filed in E.P.No.28 of 1998. Petition was filed in E.A.No.4591 of 1998, praying for attachment of movable properties, and it was ordered on 12.11.1998, ordering attachment of movable properties as covered under Exs.P3 and P4 (T.V., Refrigerator, Bureaus, Tables and Chairs). The order of attachment has been passed, accepting the contention that those movable properties were belonged to the judgment debtor E.V. Rajan.

(3.) Raising a plea that the movable properties ordered to be attached, belong to the appellant/third party and therefore it is not liable to be attached, an Interlocutory Application has been filed. The lower court dismissed that petition on 10.3.2003, giving a finding that the movable properties are yet to be attached and that the petition filed under Order 21 Rule 58 C.P.C is pre-mature and therefore, it is not maintainable. Challenging the said order of dismissal dated 10.3.2003, the third party/appellant has preferred this Civil Miscellaneous Appeal.