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2023 Supreme(Online)(MAD) 16288

HIGH COURT OF MADRAS
Hon`ble Mr Justice P. VELMURUGAN
VIMALA & ANOTHER – Appellant
Versus
1.SHANMUGHAM & 5 OTHERS – Respondent


J U D G E M E N T

The appellants are decree holders. Originally, they have filed the suit in O.S.No.3211 of 1984 for maintenance and they obtained a decree on 09.02.1995. Therefore, in the execution proceedings, they attached the suit property. After decree in the said execution proceedings, they filed the execution petition in E.P.No.188 of 1989 and the said property was brought on sale to realize the decreetal amount. At that time, the respondents herein filed an application in E.A.No.512 of 1993 under Order 21 Rule 58 C.P.C., claiming that the judgment debtor is not entitled to the entire property and therefore, attachment of the entire property will not bind them. Further, they have stated in the claim petition that the suit property originally belonged to the father of the judgment debtor and the respondents, one Govindha Reddy. The said Govindha Reddy has got seven legal heirs and therefore, each of them are entitled to 1/7th share in the said property, whereas, the entire property and share of the other shareholders also were attached. Therefore, attachment in respect of 6/7 shares has to be raised and the said petition was dismissed by the Executing Court. Challenging the s

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