ARUNACHALATHAMMAL @CHELLAMMAL Vs. BALASUBRAMANIAN (DIED)

JUDGEMENT

(1.) O.S No.347 of 1999 on the file of the Additional Sub Court, Tenkasi was filed by late Karuthaiya Solalaghar against the second respondent namely, Kandhasamy Mudaliyar for recovering a sum of Rs. 57,610/- with interest. The suit was decreed exparte on 02.09.2003. To enforce the decree, E.P. No.97 of 2006 was filed. In the meanwhile, the decree holder passed away and his legal heirs came on record. In the execution petition, the petition mentioned property was attached on 25.06.2006. It was subsequently brought to sale. Upset price was originally fixed at Rs. 5,75,000/- and later reduced to Rs. 5,25,000/-. In the auction sale, the highest bid was Rs. 5,26,000/-. The appellants herein who are none other than the wife and son of the judgment debtor filed E.A No.187 of 2012 for raising the attachment made on 25.06.2006.

(2.) The appellants contended that the property in question had been settled in their favour by the judgment debtor on 25.08.2005 itself by a registered document. The attachment itself was made only on 25.06.2006. Since the property had changed hands even prior to the filing of the execution petition, the appellants wanted the attachment to be raised. But, the executing court by order dated 04.02013 dismissed the said E.A No.187 of 201 Aggrieved by the same, the claimants filed CMA No.9 of 2013 before the 4th Additional District Judge, Tirunelveli. The learned first appellate court by order dated 05.10.2013 dismissed the CMA and affirmed the order passed by the executing court. Challenging the same, this Civil Miscellaneous Second Appeal has been filed. The Civil Miscellaneous Second Appeal is admitted since the following substantial questions of law have arisen for determination :

(3.) Heard the learned counsel on either side.