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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR
Vijayalakshmi Trader – Appellant
Versus
Om Sakthi Agencies – Respondent
| Table of Content |
|---|
| 1. filing of suit for recovery of money. (Para 1 , 2 , 3) |
| 2. rights regarding attached property in execution. (Para 4) |
| 3. doctrine of lis pendens applicability. (Para 5) |
| 4. conclusion on payment schedules and outcome. (Para 6 , 7 , 8) |
ORDER :
N. SATHISH KUMAR, J.
1. Challenging the impugned order attaching the property of the Judgment Debtor I, in respect of 1/3 share, the present Civil Revision has been filed.
2. Originally, a suit for recovery of money along with interest has been filed by the respondent herein against the Revision Petitioner.
3. The suit has been decreed for a sum of Rs.1,65,550- along with interest at the rate of 6% from the date of petition till the date of realisation. Pursuant to which, Execution Petition in E.P.No.527 of 2023 has been filed for recovery of decreed amount of Rs.1,65,550/- along with interest and other charges, totalling to Rs.2,48,402/-. In the said E.P., by the ordered impugned, the property having 1/3rd undivided share of the Revision Petitioner / Judgment Debtor is ordered to be attached by bringing it to sale through public auction after determining its market value.
4. It is relevant to note that there is no Privity of Contract b
Attachment of property in execution of a money decree is improper if property was transferred to legal heirs before the decree and the decree did not relate to property rights.
The execution court must respect property rights and issue proper notifications prior to attachment; failure to do this invalidates the order.
Confirmed land acquisition award enforceable at execution; no new title objections post-appeal confirmation.
Attachment before judgment cannot be ordered against third parties not involved in the suit proceedings, ensuring adherence to due legal process.
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