JUDGMENT :

V.M. VELUMANI, J.

Prayer: This Civil Miscellaneous Appeal is filed under Section 104 read with Order XLIII of C.P.C. against the fair and decretal Order dated 20.08.2013 made in E.A. No. 246 of 2011 in E.P. No. 47 of 2011 in O.S. No. 37 of 2006 on the file of Principal District Court, Thoothukudi.

1. This Civil Miscellaneous Appeal is filed against the fair and decretal order dated 20.08.2013 made in E.A. No. 246 of 2011 in E.P. No. 47 of 2011 in O.S. No. 37 of 2006 on the file of Principal District Court, Thoothukudi.

Facts of the Case:

2. The appellant is third party to the suit O.S. No. 37 of 2006 and E.P. No. 47 of 2011. The first respondent herein filed the said suit against the second respondent for recovery of money. The first respondent along with suit filed the application for attachment before judgment of the suit property on the ground that the second respondent is making arrangements to sell the property to the third party with an intention to defeat the interest of first respondent. The second respondent appeared before the Court and filed counter in the application giving an undertaking on 18.10.2006 that he will not alienate the property and give the power to a