JUDGMENT :

P.G. AJITHKUMAR, J.

1. The Sub Court, Ernakulam, allowed I.A. No. 2520 of 2017 in O.S. No. 230 of 2016, which was filed under Order XXXVIII, Rule 8, read with Order XXI, Rule 58 of the Code of Civil Procedure, 1908. As per that order, attachment of A to C schedule properties made by the court in I.A. No. 4876 of 2016 on 27.02.2017 was lifted. The said order is under challenge in this appeal filed under Section 96 read with Order XLI, Rule 1 of the Code.

2. O.S. No. 230 of 2016 was filed by the 1st respondent seeking a decree of realisation of Rs. 5.42 crores from respondent Nos. 2 and 3. I.A. No. 4876 of 2016 was filed by the 1st respondent seeking attachment of A to C schedule properties belonging to respondent Nos. 2 and 3. As per the order dated 27.02.2017 those properties were attached under Order XXXVIII, Rule 5 of the Code. The 1st respondent, claiming that he came to know about the attachment when he obtained encumbrance certificates, filed I.A. No. 2520 of 2017. He contended that he purchased the said properties as per Exts.A1 to A3 sale deeds much before the order of attachment and he being a bona fide purchaser, the attachment was illegal and liable to be lifted.