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Issues:
1. Locus standi of third parties to apply for removal of attachment under Order 21, Rule 58 C.P. Code. 2. Interpretation of possession and interest in property for the purpose of removal of attachment. Analysis: 1. The judgment revolves around a revision application against an order allowing the removal of an attachment on a theatre property known as 'Nutan Theatre.' The property was originally owned by defendants in a civil suit, mortgaged to opponents 1 and 2, and later sold to a third party, Nautamlal. Subsequently, a consent decree was passed, leading to a dispute over ownership and possession. The applicants, opponents 1 and 2, sought removal of attachment, claiming legal ownership and possession post the sale. The decree-holder argued that opponents lacked locus standi as they were not in possession at the time of attachment. The court emphasized the need for evidence of interest or possession at the date of attachment under Order 21, Rule 59, C.P. Code. 2. The decree-holder contended that opponents 1 and 2 did not fulfill the requirements of Rule 59 as they did not establish possession or interest in the property at the time of attachment. Despite a complex legal argument regarding the transfer of ownership post the consent decree, the court clarified that the scope of an attachment inquiry is limited to possession rather than a detailed title investigation. The court highlighted that opponents failed to prove possession at the time of attachment, which is crucial for a successful claim under Rule 59. As opponents did not claim possession on behalf of the judgment-debtors and were not in actual possession at the date of attachment, their application for removal of attachment was deemed unsustainable. 3. Consequently, the court allowed the revision application, set aside the lower court's order, and dismissed opponents' application for removal of attachment with costs. The judgment emphasized the importance of establishing possession or interest at the time of attachment to maintain a claim under Order 21, Rule 59, C.P. Code. The decision clarified the legal principles governing the removal of attachment and the significance of demonstrating a valid claim based on possession or interest in the attached property. 4. In conclusion, the court's ruling in this case underscores the procedural requirements and evidentiary standards for seeking the removal of attachment under the relevant civil procedure rules. The judgment provides clarity on the interpretation of possession and interest in property concerning attachment disputes, reaffirming the need for claimants to substantiate their legal standing through tangible evidence of possession or ownership at the time of attachment.
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