RAMALINGAM Vs. SUNDARAM

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal is filed challenging the judgment and decree passed in C.M.A.No.7 of 2005 dated 31.03.2006, in and by which the learned Sub Judge, Madurantakam has confirmed the fair and decreetal order passed by the learned District Munsif, Madurantakam in E.A.No.73 of 2001 in E.P.No.144 of 1997 in O.S.No.68 of 1996 dated 30.07.2004.

(2.) The proceedings arise from the decree obtained by the first respondent against the deceased second respondent herein in O.S.No.68 of 1996 on the file of the District Munsif Court, Madurantakam, in and by which the deceased second respondent had been directed to pay a sum of Rs. 17,131/- together with interest and costs to the first respondent. The first respondent herein had initiated execution proceedings in E.P.No.144 of 1997 seeking attachment of the immovable properties of the deceased second respondent. While the said Execution Petition was pending, the appellant herein came forward with the impugned Interlocutory Application in E.A.No.73 of 2001.

(3.) The learned District Munsif, Madurantakam was also pleased to pass an order of attachment. The appellant herein had filed the impugned Application invoking the provisions of Order 21 Rule 58 and Section 151 of C.P.C to raise the attachment, stay the execution of the decree till adjudication of the claim of the appellant with reference to the title and possession.