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2026 Supreme(Online)(Mad) 39265

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
T.Sivakumar – Appellant
Versus
C.Somasundaram – Respondent


Advocates:
For Appellant: Mr.J.Selvarajan
For Respondents: Mr.K.Baalasundaram, Senior Counsel for M/s.KBS Law Office for R1 R2

Table of Content
1. appeal against dismissal of claim petition under o.21 r.58 cpc. (Para 1 , 2 , 3)

JUDGMENT

The Second Appeal is directed against the judgment and decree made in A.S.No.2 of 2019 dated 06.11.2019 on the file of the Principal District Court, Pudukkotai, confirming the fair and decreetal order passed in E.A.No.96 of 2010 in E.P.No.102 of 2009 in O.S.No.153 of 2008 dated 29.08.2016 on the file of the Subordinate Court, Pudukkottai.

2. The appellant is a third party petitioner and he filed a claim petition under Order XXI Rule 58 of the Code of Civil Procedure seeking orders for setting aside the order attaching the property bearing House Plot No.1366, Town Survey No.8525 at Kamban Nagar, Rajagopalapuram, Pudukkottai.

3. For the sake of convenience and brevity, the parties hereinafter will be referred to as per their status / ranking in the Executing Court.

4. The case of the petitioner, in brief, is as follows:

(a) The petitioner is the absolute owner, in possession of the house property bearing House Plot No.1366 at Kamban Nagar, Rajagopalapuram, Pudukkottai District having purchased for a valid sale consideration to the tune of Rs.29 lakhs vide sale deed dated 19.12.2

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