The court emphasized the need for effective attachment before judgment and the cessation of attachment upon the closure of the execution petition.

( 1 ) THIS appeal is filed under Section 96 read with Order XXI, Rule 58 (4) of the Code of Civil Procedure against the order dated 15-I-1993 passed by the Second Additional Civil Judge, Mangalore, Dakshina Kannada District in Miscellaneous Case No. 54 of 1989 dismissing the petition filed by the appellant under Order XXI, Rule 58 of the Code of Civil Procedure for raising attachment of the properties in question.

( 2 ) WE have heard the learned counsel for the appellant and the learned counsel for the respondents and perused the records of the case.

( 3 ) THE facts leading to this appeal are as follows: that the appellant purchased the Survey Numbers 1-25, 1-1, 1-3 of Bappanad village of Mangalore a Taluka along with some other properties under sale deed dated 31-3-1979 and other sale deeds dated 6-3-1981. The first respondent claimed that these properties have been attached before judgment in the arbitration suit filed by him. A decree was made by the Arbitrator against respondent No. 2. Respondent No. I filed an execution petition and got the properties attached. Appellant filed a miscellaneuous case for raising of that attachment and that application came to be dismissed. Hence this appeal.

( 4 ) UNDISPUTED facts in this case are: That the said properties were of the ownership of one Pangal Annappa Nayak. He by his gift settlement deed dated 11-3-1953 settled these properties in favour of his sister Smt. Ammanni alias Rukmini Amma. She on 24-6-1963 as per Exhibit P13 granted lease for 20 years in favour of the Academy of General Education, which was the predecessor in interest of the appellant. Subsequently, the said properties have been sold to the appellant-Trust by the sons of Ammanni. It also cannot be disputed in this case that the first respondent obtained a decree against the second respondent. The contention of the first respondent is that these properties came to be attached before judgment on 27-3-1976 and the award came to be passed on 11-1-1977. Though the execution Petition came to be filed in the year 1979, that execution petition came to be closed on 9-7-1982.

( 5 ) LEARNED counsel for the appellant argued as follows: that the properties in question are not the joint family properties of the respondent No. 2, that the properties were of the ownership of one Pangal Annappa Nayak who settled these properties on his sister Ammanni alias Rukmini Amma by a gift settlement deed dated 11-3-1953; and therefore the properties can never be joint family properties of respondent No. 2; that by virtue of the partition deed dated 12-6-1967 there was a partition of the properties among the sons of Ammanni alias Rukmini Amma; that the properties were never attached before judgment though there was an order of attachment of the properties before judgment in the arbitration proceedings; that even by virtue of closure of the execution case filed in the year 1979 which came to be closed on 9-7-1982, the attachment came to an end; that therefore the sale deed in favour of the (sic) be affected by the decree obtained by respondent No. 1 against respondent No. 2, and that since there was no attachment actually effected in the arbitration proceedings, there was no bar for one of the sons of Ammanni alias Rukmini Amma to alienate the properties. On the basis of these arguments he prayed to allow the appeal and also to allow the petition filed by the appellant under Order XXI, Rule 158 of the Code of Civil Procedure.

( 6 ) LEARNED counsel for the respondents argued as follows:that though the properties came to smt. Ammanni alias Rukmini Amma by virtue of the gift settlement deed executed by her brother Pangal Annappa Nayak on 11-3-1953, after the death of Ammanni alias Rukmini Amma the properties came to be treated as joint family properties of her sons; that these properties were blended with some other properties of the joint family; that the averments in Exhibit P 14 - partition deed - go to show that the sons of