N.SATHISH KUMAR
B. S. Satheesh Raj – Appellant
Versus
Bank of India – Respondent
ORDER :
N. Sathish Kumar, J.
1. These Revision Petitions haves been filed against the order passed by the Execution Court in dismissing the application filed to raise the attachment in respect of 7 cents of land in T.S.No.287/2.
2. The facts leading to file revision is as follows:
2. (a) The First Respondent bank have filed five different suits as against other Respondents for recovery of money in the year 1986. It appears that the suit has been decreed. The First Respondent filed Execution Petition in the year 1996. In the meanwhile Third Defendant in the main suit one Mr. B.R. Narasimman has executed a Gift Deed in respect of 7 cents in favour of the Revision Petitioner on 16.8.1990. Thereafter the First Respondent has sought attachment of the entire property. Accordingly, Execution Court passed an order of attachment in the year 2003. Immediately, the Revision Petitioner filed an application under Order 21, Rule 58 of C.P.C., to raise attachment. However, the Execution Court dismissed the application on the ground that the Gift Deed is not valid and the same has been executed only to defeat the rights of the creditor. Aggrieved over the same, the present revision has been filed.
3. L
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