Ponnusamy vs K.Dhandapani
2021 Latest Caselaw 18259 Mad

                                                            1

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 06.09.2021

                                                        CORAM :

                                   THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                              C.R.P.(MD).No.930 of 2021
                                                        and
                                              C.M.P.(MD)No.5254 of 2021

                  Ponnusamy                                 ...Petitioner/Respondent/Defendant
                                                           Vs.

                  K.Dhandapani                              ...Respondent/Petitioner/Plaintiff

                  PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
                  of India, to set aside the fair and decreetal order passed in I.A.No.2 of 2020
                  in O.S.No.28 of 2020, dated 27.08.2020, on the file of the learned District
                  Judge, Karur.


                                   For Petitioner     :Mr.K.Suresh
                                   For Respondent     :Mr.N.Anantha Padmanabhan

                                                     ORDER

This Civil Revision Petition has been filed to set aside the fair and

decreetal order, dated 27.08.2020, in I.A.No.2 of 2020 in O.S.No.28 of 2020,

on the file of the learned District Judge, Karur.

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

2.The respondent/plaintiff has filed a suit in O.S.No.28 of 2020 against

the revision petitioner herein, to pay a sum of Rs.26,64,970/-together with

interest at the rate of 14% Per annum for the principal amount of

Rs.20,00,000/-from the date of plaint till the date of realisation. During the

pendency of the suit, the respondent herein/plaintiff has filed a petition in

I.A.No.02 of 2020 in O.S.No.28 of 2020 seeking to attach the petition

mentioned property before Judgment and the same was allowed by the

learned District Judge, Karur, on 27.08.2020. Against the attachment order,

the revision petitioner is before this Court.

3. Heard the learned counsel appearing for the petitioner and the

learned counsel appearing for the respondent.

4. Today, when the matter is taken up for hearing, both the parties are

agreed that the revision petitioner/defendant has to file an undertaking

affidavit before the Court below for raising attachment and also seek speedy

dispose of the suit.

5. In view of the aforesaid submission, the revision petitioner is

directed to file an undertaking affidavit before the learned District Judge,

Karur, on or before 01.10.2021, if he fails the order, dated 27.08.2020 in https://www.mhc.tn.gov.in/judis/

I.A.No.2 of 2020 in O.S.No.28 of 2020, shall be confirmed. In view of the

submission made by both the parties, there shall be a direction to the learned

District Judge, Karur, to dispose of the suit in O.S.No.28 of 2020, as

expeditiously as possible.

6.With the above observations, this Civil Revision Petition stands

closed. No Costs. Consequently, connected miscellaneous petition is closed.

                  Index :Yes/No                                                      06.09.2021
                  Internet:Yes/No
                  ksa

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To

The District Judge, Karur.

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

S.ANANTHI, J.

ksa

Order made in C.R.P.(MD).No.930 of 2021

06.09.2021

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