( 1. ) THIS Civil Miscellaneous Second Appeal is directed against the judgment and decree dated 14.10.2009 passed in C.M.A.No.64 of 2007 by the First Additional District Judge, Tirunelveli confirming the order dated 12.10.2007 passed in E.A.No.952 of 2006 in E.P.No.165 of 2006 in O.S.No.190 of 2002 by the Principal Sub Judge, Tirunelveli.

( 2. ) THE brief facts leading to the filing of this appeal are as follows:

(a) THE first respondent herein filed a suit in O.S.No.190/2002 before the Second Additional Sub-Court, Tirunelveli on 20.05.2002 against the second respondent herein for recovery of a sum of Rs.1,17,530.20 with interest. He also filed an application in I.A.No.308/2002 for attachment of the Schedule property before judgment. It is admitted that the second respondent appeared through counsel and gave an undertaking on 29.05.2002 to the effect that he would not alienate the property. On the basis of the said undertaking, the application in I.A.No.308/2002 was closed on 04.07.2002.

(b) THE first respondent made a paper publication on 23.05.2003 about the aforesaid undertaking given by the second respondent. Since the first respondent apprehended that the second respond