J UDGMENT

R amachandran Nair , J . , This appeal is filed by the claim petitioner. The court below on

10.12.2008, dismissed the claim petition filed as I.A. No. 2102/08 in O.S.No. 259/08.

2. We heard the learned counsel for the appellant Sri. K.B.

Pradeep and learned counsel for the first respondent Sri. Nagaraj Narayanan. There is no appearance for the 2^nd respondent.

3. The prayer in the I.A.No. 2102/2008 in O.S.No. 259/08 is to lift the attachment with respect to the scheduled property in the attachment petition filed as I.A 1791/08 in the said suit.

4. The case of the appellants is that between the appellants and the 2^nd respondent, there was an agreement for sale in March 2008, pursuant to which, they purchased the property as per Ext.A1 document dated 18.9.2008. They were put in possession of the property and have paid the tax, in support of which, Ext.A2 tax receipt has been produced. In the suit filed by the first respondent R.F.A.97/2009 2 herein, the court was approached to grant a decree for specific performance, on the plea that there was an agreement for sale executed between him and the 2^nd respondent herein dated 24.6.2008. The suit was filed on 3.10.2008. He sought for at