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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
AL AMEEN M – Appellant
Versus
SHAFEEL HUSSAIN – Respondent
| Table of Content |
|---|
| 1. suit for recovery of money filed against defendants. (Para 1) |
| 2. contested claims regarding loan agreements and alleged collusion. (Para 3 , 4) |
| 3. legal principles regarding attachments and prior transactions. (Para 5 , 6) |
| 4. court's emphasis on granting the appellant a chance to contest. (Para 7) |
P.Krishna Kumar, J.
In a suit filed by the appellant for recovery of money against the second and third respondents, the first respondent preferred a claim petition challenging the attachment before judgment of an immovable property, contending that he had purchased the property from the third respondent even prior to the order of attachment. The trial court allowed the claim petition through a brief order, noting that the claim petitioner had purchased the property on 23.09.2023, whereas the attachment was effected only on
04.04.2024. The said order is impugned in this appeal.
2. We have heard the learned counsel appearing for the appellant and the respondents.
3. It is the contention of the appellant that respondent Nos. 2 and 3, who are the defendants in the suit, are liable to pay Rs. 1.6 crores together with interest, pursuant to loan agreements executed by the first defen
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