Shaffique, J.

RFA No.529/2015 has been filed by the plaintiff in OS No.28/2014 challenging an order passed in a claim petition filed as IA 838/2014. The claim petition has been filed by the first respondent herein under Order XXXVIII Rule 8 of the Code of Civil Procedure (for short 'CPC'). The Court below allowed the said application on a finding that the property under attachment was transferred in the name of the claimant/1st respondent by a registered sale deed dated 4/7/2014 prior to the order of attachment. In fact the plaintiff contended that the transfer was fraudulent and hit by S.53 of the Transfer of Property Act (for short 'TP Act'). But placing reliance on the judgment in Rajan @ v. Rajan Gopinathan v. Dr.D.Jayashree Nayar and another (2010 (1) KLT 142), it was held that adjudication of fraudulent transfer can be made only during execution proceedings and accordingly the claim petition was allowed vacating the order of attachment.

2. When the above matter came up for hearing before a Division Bench of this Court, the matter was referred to a Full Bench doubting the judgment in Rajan's case (supra) as per reference order dated 21/6/2016. It was observed that O.XX