S.KANNAMMAL
Unnamalai – Appellant
Versus
Thamizharasi – Respondent
JUDGMENT :
These Civil Miscellaneous Second Appeals are by the unsuccessful claimant, challenging the dismissal of the Civil Miscellaneous Appeals by the lower appellate Court, confirming the order of the Executing Court, dismissing the claim petitions.
2. The brief facts leading to the filing of these Civil Miscellaneous Second Appeals are as follows:-
Appellant is a third party claimant in both the execution proceedings. The respondents 1 and 2 are the judgment debtors and the 3rd respondent is the decree holder. The 3rd respondent had initiated two separate Arbitration Cases in ARC Nos.614 and 612 of 1998 against the respondents for recovery of money due under two different promissory notes and obtained Awards as against the respondents 1 and 2 on 31.07.1998. There were no appeals as against the awards and, therefore, the Awards dated 31.07.1998 have become final. Earlier, the execution petitions filed by the decree holder in the year 1999 for the arrest of the 2nd judgment debtor pursuant to the awards, it appears, had been dismissed by the executing court for the default of the petitioners and the subsequent execution petitions filed by the decree holder in the year 2001 for atta
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