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LOK 2026 (10) Ker. 285 · High Court of Kerala

Muraleedharan v. Prem Kumar

Equivalent citations: 2026 KER 84539

SubjectAttachment Before Judgment, Civil Procedure, Transfer of Property
JudgesJustice Easwaran S
ActsCode of Civil Procedure, 1908 (Order XXXVIII Rules 5 and 8; Order XXI Rule 58; Order XLIII Rule 1A); Transfer of Property Act, 1882 (Sections 3 and 53)

A claim under Order 38 Rule 8 CPC is confined to the claimant’s independent title; whether the transfer is fraudulent under Section 53 of the TP Act must be decided in a suit, and the Full Bench in Verizon Builders is impliedly overruled.