BAGESHWARI PRASAD GRIYAGHEY, J.

1. This is an appeal by the decree holder of Execution Case 42 of 1978 of the Subordinate Judges Court. Bhabua, against the order D/-8-11-1979 passed by the Subordinate Judge on an application filed by the respondent under O.21, R.58, Civil P.C. (hereinafter referred to as the Code) in that execution case making objection against the attachment of the property which is 2 « decimals of Land in Bhabua town, which is given in the Talika of the execution case. The Executing court. namely, the learned Subordinate Judge allowed the claim of the respondent, who had made the claim under O.21, R.58 of the Code, and had released the Talika property from the attachment and had set aside the Sale by that order against which order this appeal has been filed.

2. The aforesaid execution case had proceeded for realisation of costs passed in a suit against the judgment-debtor. Sri Brajballabh Mishra, and the property in question was given in Talika for realisation of the amount by the sale of the property. The respondent, Umesh Mishra, who is brother of the judgment-debtor, filed an application under O.21, R.58 of the Code against the attachment claiming that