SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1995 Supreme(Mad) 483

ARUNA JAGADEESAN
C. Venugopal Naidu (died) and others – Appellant
Versus
Krishnamurthy and another – Respondent


Advocates:
Mrs. Hema Sampath Advocate for the Appellants.

Judgment :

The appellant purchased the property from the second respondent herein who is the judgment-debtor on 80. The first responded decree holder, had obtained the decree against the second respondent in O.S.8501/71. He filed E.P. 1458/75 for execution of the said decree. In the E.P.No.12. 75 the attachment of the properties under dispute was ordered. Subsequently on 26. 77 the said E.P. was closed with the direction that the attachment should continue. Later on, the first respondent filed E.P.72/82. In view of the direction to continue the attachment in the order dated 26. 77, the attachment is deemed to be continued in this E.P. also. The E.P.72/82 was dismissed for default on 22. 92, without any direction for continuation of the order of attachment subsequently, the first respondent filed E.P.2032/83 and brought the properties for sale. In this E.P. the appellant has filed the claim petition stating that the appellant had purchased the property on 3. 80 with notice of the order of attachment and hence he is a bonafide purchaser for value.

2. The further contention of the appellant is that thought by order dated 26. 77 the order of attachment was directed to be continued, wh




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top