P.GOVINDA NAIR, P.NARAYANA PILLAI, P.SUBRAMONIAN POTI
RAMESAN – Appellant
Versus
KUNHIPALU – Respondent
1. The question raised here relates to attachment of an item of immovable
property. It is said that copy of the order of attachment was not affixed in the
concerned Municipal Office as required by Order XXI R.54(2) of the Civil
Procedure Code. The matter arose in execution and this way: On resistance offered
by the respondents who are purchasers of the property from the judgment-debtor,
after the decree, which was one for money, the appellant who purchased the
property from the decree-holder-auction purchaser applied for delivery of
possession of it after removal of obstruction. Resistance offered was mainly on
the ground that the court-sale was invalid because there was no proper
attachment. The attachment was one made before judgment but made absolute on the
date of the decree. The Subordinate Judge, Trichur, before whom the objection
regarding attachment was raised overruled it but it found favour with the
Additional District Judge, Trichur, who heard the appeal from the order of the
Subordinate Judge.
2. Report of the Amin was that the attachment as ordered was actually effected
and in the face of that the Subordinate Judge was of the opinion that it had to
be presum
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