1. Heard the learned Counsel for the parties.

2. The order dated 3-10-2013 passed on an application filed under Order 7, Rule 11 of Civil Procedure Code, 1908 by the II Additional Civil Judge (Junior Division), Bangalore Rural District, Bangalore in O.S. No. 526 of 2006 is called in question in the present petition.

3. The petitioner herein is the defendant 4 in the said suit. Respondent 1 herein has chosen to file the said suit O.S. No. 526 of 2006 challenging the attachment of the schedule property made by the Recovery Officer. Respondent 4-Deputy Registrar of Co-operative Societies has passed surcharge award in terms of Section 69 of Karnataka Co-operative Societies Act, 1959 against M. Rudrachar, the deceased defendants 2 and 10 others. The persons against whom surcharge proceedings were initiated were none other than Directors of defendant 4-Bapuji House Building Co-operative Society. Few of them had filed an appeal before the KAT and the same came to be dismissed. Deceased defendant 2-Rudrachar purchased the schedule property on 4-3-1991 through a registered sale deed and handed over the schedule property under the strength of agreement of sale dated 17-8-1994 and GPA wa