JUDGMENT

Dated this the 4th day of October, 2023 This Execution Second Appeal has been filed under Section 100 r/w Order XXI Rule 58(4) and Rule 103 of the Code of Civil Procedure (for short, 'the C.P.C.' hereinafter) by the 4th petitioner in E.A.No.70/2021 in E.P.No.661/2017 in O.S.No.95/2012.

2. Respondents herein are the other petitioners, decree holder and judgment debtor.

3. Heard the learned counsel for the appellant on admission.

4. The appellant assails order in E.A.No.70/2021 on the files of the Subordinate Judge, Kozhikode, dated 2.9.2021 and judgment passed by the learned Additional District Judge, Kozhikode in A.S.No.59/2021, dated

24.7.2023, arose therefrom.

5. On perusal of the order and judgment under challenge, passed in a petition filed under Order XXI Rule 97 to 100 of the C.P.C., the case of the petitioners, who are the legal heirs of late Raghavan Nair was that, after the death of Raghavan Nair, the entire properties, where statutory charge under Section 55 (6)(b) of the Transfer of Property Act , 1882 (for short, ‘the TP Act’ hereinafter) was alleged to be created, devolved upon the petitioners. Further case is that, 1/7 share of the judgment debtor was transferre