T BABU RAJENDRA PRASAD Vs. JAYASEELAN

JUDGEMENT

(1.) The first respondent had obtained a money decree against the second respondent in O.S.No.233 of 1999. Pursuant to the same, the first respondent levied execution proceedings against the second respondent in E.P.No.148 of 2004, under Order XXI Rules 54 and 66 of the Code of Civil Procedure for attaching and selling the properties described in the execution petition schedule. The second respondent contested the execution petition on the footing that the execution petition schedule properties do not belong to her and she is not having any right, title or possession over the said properties and therefore, it is contended that the first respondent is not entitled to proceed against the execution petition schedule properties on the footing that the second respondent has title to the same.

(2.) On the pleadings set out in the execution petition above stated it is found that the first respondent in support of his case had examined himself as P.W.1 and marked Exs.P1 to P4 and on the side of the second respondent, she had examined herself as R.W.1 and no document had been marked.

(3.) Considering the materials placed by way of both oral and documentary evidence, it is found that the Lower Court has held that the second respondent is entitled to 5/16th share in the execution petition schedule properties and accordingly, ordered attachment of the said share for proceeding further in the execution petition by order, dated 09.09.2005.