ORDER :

1. Mr. R. Chandrachud, learned counsel appearing on behalf of the petitioner, has relied upon sub-section (2) of Section 64 of the CPC and has submitted that the petitioner is a bona fide purchaser, who purchased the property in question prior to the order of attachment.

2. It is submitted that the Agreement to Sell was an oral agreement and on the basis of that, the petitioner purchased the property on 26.12.2014 and the Sale Deed was registered on 06.01.2015.

3. Learned counsel appearing for the petitioner has placed reliance upon some books-of-accounts to show that the amount of Rs. 4,00,000/- towards the sale consideration was paid prior to the order of attachment and on the basis of that, it is sought to be submitted that the petitioner was the bona fide purchaser.

4. We have gone through the application filed by the petitioner under Order XXI Rule 58 of the CPC. In the entire application, there is no whisper and/or averment and/or pleadings that the petitioner is the bona fide purchaser and that there was an oral agreement prior to the order of attachment and that the part sale consideration/sale consideration of Rs. 4,00,000/- was paid prior to the order of attachment. T