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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. EASWARAN S., J
CKL NIDHI LTD. – Appellant
Versus
KALLETTUMKARA SERVICE CO-OPERATIVE BANK – Respondent
| Table of Content |
|---|
| 1. suits instituted by appellant with claims regarding attachments. (Para 2 , 4) |
| 2. determination of rights concerning attachments and sales. (Para 3 , 9) |
| 3. arguments presented by both parties regarding claim maintainability. (Para 5 , 6) |
| 4. court observations on the validity of prior claims in execution. (Para 8 , 10) |
JUDGMENT
These appeals and the writ petition raise a common question and hence considered and disposed of by this common judgment.
2. The facts are not under serious dispute.
Three suits O.S No.287/2018, O.S No.353/2018 and O.S No.354/2018 were instituted by the appellant, claiming various amounts under a chit. In these suits, orders of attachments were obtained on 01.03.2018 in O.S No.287/2018 and 16.03.2018 in both O.S No.353/2018 and O.S No.354/2018. O.S No.287/2018 was decreed on 21.12.2019, O.S No.353/2018 was decreed on 30.01.2019 and O.S No.354/2018 was decreed on 05.12.2019. For execution of decree, execution petitions were filed. Pending the execution petitions, the 1st respondent-Bank in the execution second appeal preferred a claim petition under Order 21 Rule 58 of the Code of Civil Procedure , 1908, claiming a prior charge over the property by
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