NARSINGARAO CHAVHAN Vs. KAZIMUNNISSA BEGUM

JUDGEMENT

(1.) The point that arises for determination in this case is whether an attaching creditor is entitled for the grant of leave to prefer an appeal against a decree obtained by a third party in a different suit against the judgment-debtor declaring the sale in favour of the judgment- debtor of the subject-matter of the attachment as invalid.

(2.) This petition is filed requesting this Court to permit the petitioner to prefer an appeal (C.C.C. A.) against the judgment and decree in O.S. No. 15 of 1967 passed in favour of the 1st respondent and against respondents 2 to 12 on 31st December, 1973.

(3.) The facts necessary for disposal of the matter may now briefly be stated: The petitioner Narsingrao Chavhan filed a suit against 8th respondent seeking the recovery of an amount of Rs. 51,000 and odd and obtained a decree from the Court of the Additional Chief Judge, City Civil Court, Secunderabad. The Yakut Mahal Talkies belonging to the 8th respondent who is the defendant in the said suit O.S. No. 32 of 1967 and against whom the decree was passed, was attached before Judgment. Subsequent to the passing of the decree E.P. No. 73 of 1971 was filed and the same was pending. The attachment was effected on 31st March, 1967.