N.PALANISAMY Vs. M.MADASAMY

JUDGEMENT

(1.) The present appeal has been filed by the decree holder in O.S.No. 146 of 2010 challenging the order under which a claim under Order 21 Rule 58 of Civil Procedure Code was allowed by the Execution Court.

(2.) The appellant herein as plaintiff had filed O.S.No.146 of 2010 before the Principal District Court, Tirunelveli for the relief of recovery of money of Rs.15,00,000.00 based upon dishonour of a cheque. In the said suit, an order of attachment before judgement of the property in dispute was passed on 14/12/2010 and made absolute on 19/4/2011. The suit was decreed on 27/3/2004. The plaintiff had filed E.P.No.9 of 2015 to bring 10 items of property for sale. Out of 10 items, the first item in the schedule of execution proceedings is the property in dispute.

(3.) Pending execution proceedings, respondents 1 and 2 herein who are third parties to the suit had filed E.A.No.77 of 2016 under Order 21 Rule 58 C.P.C to declare that the said property belongs to them and for rasing the order of attachment dtd. 7/2/2011.