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Bombay High Court Allows Appeal by Defendant in Attachment Before Judgment Case — Failure to Prove Intent to Defeat Decree. Order 38 Rule 5 CPC Requires Clear Evidence of Intent to Obstruct Execution, Not Mere Threat to Sell Property.

The appeal was filed by the original defendant, Mrs. Leela Sudhir Alekar, against an order dated 3 February 2000 passed by the trial court allowing th...