JUDGMENT

This appeal arises out of dismissal of a claim petition under Order

21 Rule 58 of the Code of Civil Procedure, 1908 seeking for lifting of order of attachment. The appellant is a second purchaser in respect of the claim schedule property from the judgment debtor as per registered deed No. 1276/96 of SRO, Valapattanam, on 11.04.1996. It is stated that the liabilities in tune of Rs. 1,79,000/- was made known to the appellant pursuant to the orders of attachment in O. S. No. 110 of 1996 and O.S. No. 419 of 1992. But the liabilities in respect of the decree in O.S. No. 155 of 1992 were not disclosed. It is further stated that at the time of execution of the sale deed, there was no subsisting encumbrance over the claim petition scheduled property.

1.1. The 1^st respondent/Bank resisted the claim petition by contending that the judgment debtor had sold the property after the decree was passed in O.S. No. 155 of 1992 and, therefore, he wa