1. This Civil Miscellaneous Appeal has been filed against the order dated 22.08.2013 in I.A.No.31 of 2012 in I.A.No.149 of 2010 in O.S.No. 124 of 2010 on the file of the III Additional District Court, Tirunelveli.

2. In I.A.No.31 of 2012, the appellant herein is the first respondent. Respondents 1 to 4 herein are the petitioners, who are the third parties. 5th respondent herein is the 2nd respondent. For the sake of convenience, the parties will be referred as to their rank in I.A.No.31 of 2012.

3. I.A.No.31 of 2012 was filed by the third parties. In the said I.A., the petitioners, who are the third parties have contended that the petitioners 1 to 3 are the brothers of the 2nd respondent namely G.Thirumalainainar and 4th petitioner is the son of the 2nd respondent. The petitioners further contended that the first respondent has filed a suit in O.S.No.124 of 2010 for recovery of money and other reliefs as against the 2nd respondent and also filed I.A.No.149 of 2010 under Order 38 Rule 5 of C.P.C., seeking the 2nd respondent to furnish the security for the amount fixed by the trial Court, failing which to pass an order of attachment before judgment of the petition schedule property. Since the 2nd respondent has not furnished security, the properties have been attached.

4. The third parties further contended that the properties attached by the Court, belonged to the father of the petitioners 1 to 3 and the grand father of the 4th petitioner viz., Ganapathiappa Pillai. The grand father died in the year 2002 leaving behind his wife, the petitioners 1to 3 and the 2nd respondent are his legal heirs. The 2nd respondent turned hostile to the wishes and welfare of the family and hence, all the brothers decided to make an amicable family arrangement for dividing the entire family properties between themselves and they also decided to provide some specific properties to the wife of the 2nd respondent and the same was accepted by the 2nd respondent. Pursuant to which a compromise talks headed by the Mediator one Mr.S.S.Thiyagarajan on 16.03.2008, all the family properties were orally divided in between all the petitioners, the 2nd respondent and his wife viz., Mrs.T.Rajeswari. In the said family arrangement, the property attached by the Court below particularly mentioned in the 1st item of the petition schedule was divided into three portions and each portions have been allotted to the petitioners 1 to 3 respectively. Likewise, the property attached by the Court particularly mentioned in the 2nd item of the petition schedule was allotted to the 4th petitioner. The 2nd respondent has no share in the allotted property. As per the family arrangement all the petitioners and the 2nd respondent took over the possession of the properties allotted to their respective shares on 16.03.2008. Subsequent to that, the said family arrangement was reduced into writing and confirmed by an un-registered deed of family arrangement dated 23.03.2008. The petitioners 1 to 3 also obtained separate patta in their respective names, so far their respective portions in Survey No.132-5 of Vellalankulam Village and they are paying kist for their respective portions. Considerable extent of lands in their respective portions were alienated by the petitioners 1 to 3 and the same are reflected in the Encumbrance Certificate. Hence, the 2nd respondent has no right title or interest over the properties attached by the Court which are particularly described in the petition schedule. The 4th petitioner applied to the Tirunelveli City Municipal Corporation for mutation of his name over the 2nd item of the property on the basis of the above said un-registered deed of family arrangement dated 23.03.2008 and the same was rejected by order dated 02.05.2011. The said order of the Tirunelveli Corporation was questioned by the 4th petitioner in W.P.No. 7997 of 2011 before this Court and this Court was pleased to upheld the un-registered deed of family arrangement and set aside