TCI FINANCE LIMITED Vs. S. JANAKI

JUDGEMENT

(1.) The appellant/first respondent/decree holder has filed this appeal suit assailing the order dtd. 9/5/2007 in E.A.No.19 of 2006 in E.P.No.36 of 2000 in O.S.No.378 of 1998 on the file of the learned Special Judge for Economic Offences-cum-VIII Additional Metropolitan Sessions Judge-cum-XXII Additional Chief Judge, City Civil Court at Hyderabad.

(2.) This application in E.A.No.19 of 2006 was filed by the claim petitioner/auction purchaser/third party under Order-XXI Rule-58 of the Civil Procedure Code, 1908 (for short 'CPC') to set aside the order of attachment made in I.A.No.878 of 1998 in O.S.No.378 of 1998 and to pass orders in favour of the claim petitioner.

(3.) The learned judge of the trial Court has allowed the claim petition and attachment in respect of the suit schedule property made in O.S.No.378 of 1998 was set aside declaring the claim petitioner as absolute owner of the suit schedule property - Flat bearing No.103, 1st floor, Block-B of the building known as Panchavati Apartments bearing Municipal No.6/1/132/10 on Plot No.10, Survey No.15 (old No.30/2) having plinth area 830 square feet together with the undivided share of land admeasuring 44.44 square yards situated at Zamistanpur, Skandagiri, Padmaraonagar, Secunderabad (hereinafter referred to as "suit schedule property" for the sake of convenience). Feeling aggrieved by the impugned order, the first respondent/decree holder-M/s.TCI Finance Limited, Secunderabad has preferred this appeal. Pleadings in E.A.No.19 of 2006 in E.P.No.36 of 2000 in O.S.No.378 of 1998: