E K KARUPPUSAMY Vs. S R RAJENDRAN

JUDGEMENT

(1.) This Civil Revision Petition arises out of a claim petition filed under the provisions of Order 21 Rule 58 (3) of the Civil Procedure Code to uphold the absolute right of the petitioner to the schedule property and to hold that the said property is not liable to be attached or sold in execution of a decree and to raise the attachment already effected in the property.

(2.) The facts that are relevant to decide the lis is that the revision petitioner as plaintiff had instituted a suit in O.S.No.60 of 1994 on the file of the Subordinate Court, Coimbatore against the 2nd respondent herein for recovery of amounts due under promissory notes. Pending the suit the 1st respondent had filed and obtained orders of attachment against the 2nd respondent's property bearing site No.95 in the approved layout formed by the Singanallur Kothari Textile Mill No.1 Employees Cooperative Society, comprised in S.No.286 and measuring 2400 sq.ft.

(3.) It is seen from the petition and orders in I.A.No.55 of 1994 that the 2nd respondent had filed a counter wherein he had contended that even on 31.05.1990 he had settled the property and therefore had no right, title or interest over the same. He had also marked Ex.R1 [Settlement deed] and Ex.R2 [Mortgage deed]. However the learned Judge opined that the properties covered under Ex.R.1 and Ex.R.2 and the property subject matter of the attachment petition were different and therefore ordered attachment.