BOBILINENI RAJ KUMAR Vs. DUBALA VEERA SWAMY

JUDGEMENT

(1.) SINCE both the Learned Counsel have made submissions on the merits of the appeal itself, by this judgment, the appeal is being disposed of.

(2.) THE appellant is a third party claimant who objected to the attachment of the petition schedule property by filing an application in E.A.(SR).No.3765 of 2012 under Order 21 Rule 58 of the Code of Civil Procedure (CPC).

(3.) LEARNED Counsel for the first respondent submits that the suit was decreed, and the petition schedule property was attached and was being brought to sale in E.P.No.88 of 2011 and, at that stage, the present petition was filed by the appellant - petitioner. Learned Counsel further submits that the appellant - petitioner is neither a bona fide purchaser nor has any independent claim as his claim is, ultimately, only through the second respondent. He, therefore, submits that the petition filed under Order 21 Rule 58 CPC by the appellant - petitioner is not maintainable and, in any case, is frivolous and vexatious.