IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.2775 OF 2004 Between: M.A. Gaffar ..... Appellant AND Rasiklal D. Patel & 2 others ..... Respondents The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.2775 OF 2004 JUDGMENT: 1. The Civil Miscellaneous Appeal is directed against the order dated 23.04.2004 in E.A.No.435 of 2003 in E.P.No.40 of 2003 in O.S.No.448 of 1982, on the file of the V Senior Civil Judge, City Civil Court, Hyderabad, whereunder and whereby, claim petition E.A.No.435 of 2003, filed under Order XXI Rule 58 of C.P.C. by the appellant/claimant claiming the property House bearing No.216/B, corresponding to House bearing No.2-3-357, situated at Ramgopalpet, Nallagunta, Secunderabad, was dismissed. 2. The said property was attached in pursuance of the decree in O.S.No.448 of 1982. The petitioner, who is the third party, filed an application, under Order XXI Rule 58 of C.P.C., claiming the property as belonging to him. Order XXI Rule 58 of C.P.C. relates to adjudication of claims and objections to attachment of property in execution proceedings on the ground that such property is not liable to attachment. It provides that all questions (including questions of right, title and interest) are to be settled finally in execution proceedings and not by separate suit. To substantiate the same, he has not filed any document to show that he has got a right, title and interest over the said property, except filing of the petition. The contents in the affidavit cannot be taken as evidence in the absence of examination of witnesses and filing of documents to show about the title of the appellant. In the absence of any evidence, the question of claiming property by filing a claim petition in an E.P. does not arise. Hence, the trial Court rightly dismissed the same and there are no grounds to interfere with the same. 3. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 20th September, 2010. KL HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.2775 OF 2004 20th September, 2010. KL