K. KUMARESAN AND ANR. Vs. SURYALAKSHMI FINANCE LTD.

JUDGEMENT

(1.) The 3rd parties / claimants in E.P.No.325 of 2004 are the Civil Revision Petitioners before this Court, challenging the order in E.A.No.153 of 2009 in E.P.No.325 of 2004 in O.S.No.618 of 2001, dated 19.08.2011, on the file of the 1st Additional Subordinate Judge, Erode.

(2.) The case of the petitioners/3rd parties/ claimants is that both are the husband and wife respectively and the 1st petitioner has purchased the item No.1 of the suit schedule mentioned properties in the E.P.No.325 of 2004 for valuable sale consideration of Rs.1,30,800/- and the 2nd petitioner purchased the item No.2 of the schedule mentioned properties by paying the sale price of Rs.76,500/- and the said properties were purchased through the registered sale deeds in Document Nos.2671/2006 and 2672/2006 respectively on 08.09.2006. Right from the purchase of properties, they were in possession and enjoyment of the schedule mentioned properties.

(3.) It is the further case of the petitioners/3rd parties claimants that while being so, they were received the notice issued by the 1st respondent herein dated 04.12.2008 and in the said notice dated 04.12.2008, it was stated that both item of properties were attached as per the orders on 30.08.2001 in I.A.No.661 of 2001 in O.S.No.618 of 2001, on the file of the learned 1st Additional Subordinate Judge, Erode. In the said notice, it was further alleged by the 1st respondent that these petitioners, who are the 3rd parties claimants were colluded with the 2nd respondent and executed the sale deed on 08.09.2006 in respect of the attached properties made by the Court on 30.08.2001.