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2013 Supreme(Online)(KER) 30652

HIGH COURT OF KERALA
N.K.BALAKRISHNAN, J
PANKAJAM – Appellant
Versus
SOJAN K VARGHESE AND OTHERS – Respondent


J U D G M E N T

This Ex.S.A. is filed by the claim petitioner, who resisted the order of attachment. The claim petition filed under Order XXI Rule 58 CPC was allowed by the execution court which was challenged by the decree holders contending that the appellant is the wife of the Judgment Debtor against whom the decree for return of money was passed by the trial court. A sale agreement was entered into between the respondents and the husband of the appellant on 24.1.1995. The plaintiffs filed a suit for specific performance with an alternative prayer for return of money. The suit was decreed for return of money. The Decree Holders filed execution petition and they sought attachment of the petition schedule property which was the property agreed to be sold to the plaintiffs as per the agreement dated 24.1.1995. Pursuant thereto the property was attached on 12.6.2002. It was then, the appellant herein moved the application contending that the petition schedule property was gifted to her by her husband as per document No.2106/1995. It was executed about 5 or 6 months after the date of the sale agreement entered into between the plaintiffs and the first defendant in the suit. The appell

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