The petitioners are having 4/5th share in the sult schedule property, but, the second respondent is having only 1/5th share of the suit schedule property - Attachment raised in respect of 4/5 share

Citation

2022 (4) CTCOL 135 (Mad)

IN THE HIGH COURT OF MADRAS

1. Sathya Narayana Prasad, J.

C.R.P.(NPD) No.3514 of 2015, M.P. No.1 of 2015

Hamsa Ammal. 2. Pary. 3. Chendamarai, 4. Murali

Manogaran. 2. K. Senthil

April 11, 2022

...Petitioner

...Respondent

Code of Civil Procedure, Section 151, Order 21 Rule 58 - Constitution of India, 1950, Article 227 Execution Application Dismissal challenged of Petitioners filed an Execution Application for raising the attadiment effected over their 4/5th share in the E.P. schedule mentioned immovable property-Application was dismissed Order challenged-Held, In regard to the ancestral property, there will be only the Patta to prove the possession of the property and not the sale deed as observed in the order by the trial Court Petitioners were not aware that the property got attached in the suit itself and they came to know about the same only when the sale proclamation paper was affixed on the door of their house The petitioners are having 4/5th share in the sult schedule property, but, the second respondent is having only 1/5th share of the suit schedule property Civil Revision Petition allowed.