Supreme Court · 1998 INSC 327 · Decided 31 August 1998

K.MUTHUSWAMI Gounder v. N. Palaniappa Gounder

Court
Supreme Court of India
Citation
1998 INSC 327 · [1998] SUPP. 1 S.C.R. 206
Case number
CIVIL APPEAL No. 1860/1981
Decided
31 August 1998
Bench
S.C. AGRAWAL, B.N. KIRPAL, S. RAJENDRA BABU (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

v. N. PALANIAPPA GOUNDER AUGUST 31, 1998 B 1s.c. AGRAWAL, B.N. KIRPAL ANDS. RAIENDRA BABU, n.1 Civil Procedure Code, 1908 : Judgment debtor executing registered deed for raising attachment before C judgment-Property subject to prior enrnmbrance i11 favour of Re.1p011- de11t-Appellant, co11fi11ned in first appeal-011 second appeal suit of the appellant dismissed i11 entirety, by High Cowt-Whether the dornment creates a charge in favour of appellant-Held, D 11~Wlzat was granted by the document for raising attachment is only a11 1mde11aki11g which would not amount to a

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