S.No.11/1A6 ad-measuring an extent of 0.06.87 hectares, situated at Odaiyakulam Village, Anaimalai Taluk Coimbatore District from Ramasamy, Palanichamy, Ranganathan and Vijayalakshmi, by the sale deed dated 30.09.2021. The said sale deed was presented for registration on payment of requisite stamp duties as well as registration fees. However, the second respondent orally informed the petitioner as if there were “attachment before judgment” ordered by the District Munsif Court, Pollachi and the Subordinate Court, Pollachi and as such, the second respondent refused to register the same and returned the document to the petitioner. On verification, it was found that there is a reflection about “attachment before judgment” order passed on 29.08.2000, 29.08.2000 and 07.09.2000 by the District Munsif Court, Pollachi and dated 13.06.2001 passed by the Subordinate Court, Pollachi. The said four “attachment before judgment” orders have been passed in O.S.No.272 of 2000, O.S.No.271 of 2000 and O.S.No.213 of 2000 on the file of the District Munsif Court, Pollachi and O.S.No.205 of 2000 on the file of the Subordinate Court, Pollachi. Subsequently, the suit in O.S.No.272 of 2000 was dismissed for default on 25.07.2001. In O.S.No.271 of 2000, an ex-parte decree was passed on 17.12.2002 and attachment itself has been raised on 15.11.2017. In O.S.No.213 of 2000, an ex-parte decree was passed on 22.02.2001 and in O.S.No.205 of 2000, an ex-parte decree was passed on 22.02.2001. However, till date, no execution petition has been filed by the decree-holders on the strength of the exparte decree dated 22.02.2001. The decree was passed in the money suit and it ought to have been executed within a period of 12 years and as such, now it is clearly barred by limitation and when the very execution of decree itself is barred by limitation, no “attachment before judgment” is pending as against the subject property.
