K.P.Murugesan vs M.Venkatachalam
2021 Latest Caselaw 15004 Mad

                                                                               CRP.PD.No.3007 of 2018


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 27.07.2021

                                                         CORAM

                                   THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                               CRP.PD.No.3007 of 2018
                                                        and
                                                CMP.No.17427 of 2018


                    K.P.Murugesan                                           ..Petitioner

                                                          Vs.


                    M.Venkatachalam                                         ..Respondent



                    PRAYER:


                              The Civil Revision Petition is filed under Article 227 of the

                    Constitution of India against the order dated 14.08.2018 in IA.No.177

                    of 2018 in OS.No.192 of 2017 on the file of the Sessions (Fast Track

                    Mahila) Court, Namakkal.



                                        For Petitioner      : Mr.E.P.Senniyangiri

                                        For Respondent      : Mrs.R.Sripriya
                                                              for Mr.V.Raghavachari




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https://www.mhc.tn.gov.in/judis/
                                                                                CRP.PD.No.3007 of 2018



                                                        ORDER

This Civil Revision Petition is filed against the order dated

14.08.2018 in IA.No.177 of 2018 in OS.No.192 of 2017 on the file of

the Sessions (Fast Track Mahila) Court, Namakkal, thereby ordered

attachment before the judgment.

2. The petitioner is the defendant and the respondent is the

plaintiff. The respondent filed suit for recovery of money. While

pending the suit, the respondent filed petition to pass order of

attachment before the judgment in respect of the petition mentioned

properties till the disposal of the suit. It was allowed and aggrieved by

the same, the present civil revision petition has been filed.

3. In the present civil revision petition, on 11.10.2018 this Court

granted interim stay on condition that the petitioner shall file an

affidavit before the court below undertaking not to alienate the petition

mentioned properties. The learned counsel for the respondent would

submit that so far the petitioner did not file any undertaking affidavit

before the court below.

https://www.mhc.tn.gov.in/judis/ CRP.PD.No.3007 of 2018

4. That apart, this Court finds no infirmity or illegality in the

order passed by the court below since it is only attachment before

judgment and it is valid till the disposal of the suit.

5. Accordingly, this civil revision petition is dismissed.

Consequently, connected miscellaneous petition is closed. No order as

to costs.

                                                                                             27.07.2021
                    Speaking/Non-speaking order
                    Index    : Yes/No
                    Internet : Yes/No
                    lok




                    To

The Sessions (Fast Track Mahila) Court, Namakkal.

https://www.mhc.tn.gov.in/judis/ CRP.PD.No.3007 of 2018

G.K.ILANTHIRAIYAN,J.

lok

CRP.PD.No.3007 of 2018

27.07.2021

https://www.mhc.tn.gov.in/judis/