T.V. Ramakrishnan, J.

Appellant is the decree holder in O.S.32 of 1981 on the file of the Additional Sub Court, Parur. The appeal is against an order allowing a claim application, E. A. 750 of 1986, filed by the first respondent in the appeal. Respondents 2 and 3 are the judgment debtors in the suit and counter petitioners 2 and 3 in E.A. 750 of 1986. The first respondent, claimant in E.A. 750 of 1986 is the wife of the second respondent and mother of the third respondent.

2. The suit, O.S.32 of 1981, was one filed by the appellant for recovery of amounts due to him with interest from respondents 2 and 3 based upon a transaction of loan dated 16.1.1978. The suit was decreed as prayed for on 20.10.1982. Appellant has filed E.P. 203 of 1985 on 23.9.1985 to execute the decree. In the Execution Petition, the property in question was attached on 1.10.1985 and the attachment was actually effected on 26.11.1985. The claim application disposed of by the impugned order was filed on 11.11.1986 claiming that the judgment debtors' have no right in the property and that the first respondent is the sole owner of the property on the basis of Ext. Al assignment deed dated 25.5.1973.

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