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 1^st 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 virtue of a registered Gehan dated 16.08.2011. The appellant-Bank contended that ARC No.61/2013 and ARC No.62/2013 were lodged for the purpose of recovery and based on the Award, the property was sold on 24.11.2017 and however, the same was confirmed only on 06.02.2020, because of the litigation initiated by the borrower in W.P.(C)