V.NAGARAJAN Vs. K.P.VEBNKATESAN

JUDGEMENT

(1.) CHALLENGING the order passed by the II Additional Subordinate Judge, Coimbatore, in E.P. No. 96 of 2011 in E.P.R. No. 1 of 2011 in O.S. No. 255 of 2006, dated 31.01.2014, the present revision petition is filed.

(2.) THE petitioner is the defendant in O.S. No. 255 of 2006. The respondent filed the suit for recovery of money. After contest the suit was decreed on 28.4.2008. The respondent filed an execution petition to realize the decree amount by way of attachment and sale of the properties of the petitioner/judgment debtor. The Executing Court, vide impugned order permitted the decree holder to proceed against item No. 3 of the petition property. Challenging the order, the present revision is filed.

(3.) LEARNED counsel for the petitioner submitted that the properties of the petitioner were attached pending suit, but there was no proper proclamation and therefore, the attachment is not valid in the eye of law; that the petitioner had already sold all the three items of the petition properties and the sale can be invalidated only under Section 64 CPC and not under Or.21 R.54 of CPC; that the sale of item No. 3 of the petition property in the year 2011 was intimated to the Executing Court, but without impleading the subsequent purchaser, the impugned order was passed. Hence it is liable to be set aside.