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1974 Supreme(Ker) 14

Sumathi – Appellant
Versus
Kuniupennu Bhargavi – Respondent


Advocates:
V. Harihara Iyer, for Appellant; K.C. John, for Respondent.

JUDGEMENT :-

The plaintiff is the appellant in this second appeal. She sued her husband and his second wife for setting aside a claim order and for declaration that she is entitled to execute the decree in 1195/54 against the property which was assigned away by her husband the 2nd defendant in favour of his second wife the 1st defendant. O. S. 1195/54 was filed by her against the 2nd defendant for certain amounts due to her from him. That suit was decreed on 16-07-1960. In order to defeat her right and to obstruct the execution of her decree the second defendant effected a transfer of his property in favour of his 2nd wife. That was done during the pendency of O.S. 1195/54. The transfer was a mere sham without any consideration or bona fides. When attachment was taken out in execution of the decree the 1st defendant filed a claim petition and that was dismissed on 27-06-1964. From that order a revision (C.R.P. 972/64) was preferred to this court, and this court allowed the C.R.P. and set aside the order of the lower court dismissing the claim petition. It Is to set aside that order passed in the C.R.P. that the present suit was filed. According to the plaintiff the transfer effecte
















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