( 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