THE HON'BLE MR JUSTICE L.NARASIMHA REDDY C.M.A.No:3619 of 2000 ORDER: The first respondent filed O.S.No.59 of 1999 in the Court of the I Additional District Judge, West Godavari District, against respondents 2 to 5 for recovery of certain amount on the basis of chit transaction. It also filed I.A.No.7455 of 1999 under Order 38 Rule 5 C.P.C., for attachment of an item of immoveable property. The trial Court ordered the same on 17.12.1999. The petitioner, who is a third party, filed I.A.No.1927 of 2000 with a prayer to raise attachment stating that he purchased the property from the second respondent. The trial Court dismissed the I.A., through order dated 5.12.2000. Hence, this C.M.A. Heard Sri M. Radha Krishna, learned counsel for the appellant and Sri C. Raghu, learned counsel for the first respondent. This Court would have certainly gone into the merits of the matter but for the fact that the suit is said to have been since decreed. It is also brought to the notice of this Court that the first respondent filed E.P.No.46 of 2006. The scope of adjudication as regards attachment before judgment is very limited, if the appellant has any independent rights, he can certainly file an application under Rule 58 of Order XXI, which is equivalent to a suit. The executing Court would be in a better position to adjudicate the same. Hence the Civil Miscellaneous Appeal is dismissed leaving it open to the appellants to file an application in the execution petition, if the first respondent intends to proceed against the same property. There shall be no order as to cots. ______________________ (L. Narasimha Reddy, J.) 11th September, 2009 Js.