judgment

V.S. Sirpurkar, J. —

1.Leave granted.

2.The dismissal judgment of the Madras High Court in Civil Miscellaneous Appeal under Order 43 Rule 1 of the Code of Civil Procedure, filed by the appellant herein, is in challenge before us. This appeal was filed against the order dated 9.9.2004 passed by Subordinate Judge, Yanam in Execution Application No.9 of 2003 in Execution Petition No.15 of 2002. The said Execution Application was filed under Order XXI Rule 58 whereby the appellant sought to make a prayer for raising the attachment on the suit property or in the alternative to declare the sale being subject to the claim in Original Suit being OS No.31 of 2000. The following facts will highlight the controversy.

3.Second Respondent herein, namely, Mattaparthi Satyam owned 14 acres of land. He put up the said land for sale and the present appellant having offered highest market value of Rs.29,000/- per acre, executed an Agreement of Sale for 14 acres in favour of the appellant on 20th March, 1993 after having received a sum of Rs.1 lakh from the appellant. The appellant thereafter paid Rs.2 lakhs on 27.3.1993 and Rs.20,000/- on 16.4.1993 which payments were endorsed on the reverse si