T.Babu vs P.K.Rajkumar
2022 Latest Caselaw 8703 Mad

                                                                               C.R.P(PD)(MD).No. 614 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 25.04.2022

                                                            CORAM

                                  THE HONOURABLE MRS.JUSTICE S. ANANTHI

                                            C.R.P(PD)(MD).No. 614 of 2022
                                            and CMP(MD)No.2536 of 2022

                    T.Babu
                                                                                           ... Petitioner
                                                             Vs

                    1.P.K.Rajkumar

                    2.The Canara Bank, Palani,
                      Rep.by its Chief Manager.
                                                                                       ....Respondents

                    PRAYER: Civil Revision Petition filed under Article 227 of Constitution
                    of India to set aside the Fair and Decreetal order dated 31.03.2021 passed
                    in I.A. No. 19 of 2021 in O.S. No. 17 of 2021 on the file of the Additional
                    District Court, Palani by allowing this Civil Revision Petition.


                                    For Petitioner      :     Mr.M.P.Senthil

                                    For Respondents :         Mr.S.C.Herold Singh (R1)

                                                              Mr.N.Dilip Kumar (R2)




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https://www.mhc.tn.gov.in/judis
                                                                             C.R.P(PD)(MD).No. 614 of 2022


                                                        ORDER

To set aside the Fair and Decreetal order dated 31.03.2021 passed in

I.A. No. 19 of 2021 in O.S. No. 17 of 2021 by the learned Additional

District Judge, Palani, the revision petitioner has filed this Civil Revision

Petition.

2.Heard the learned counsel appearing for both sides and perused the

materials available on record.

3.Originally, the suit in O.S.No.17 of 2021 was filed by the revision

petitioner/plaintiff against the respondents/defendants for recovery of

amount. In the suit, the revision petitioner has filed a petition in I.A.No.19

of 2021 for attachment of property before Judgment under Order XXXVIII

Rule 5 & 6 of Civil Procedure Code. The first respondent has given an

undertaking that he would not sell the property and hence the petition was

dismissed. The grievance of the learned counsel appearing for the

petitioner is that the first respondent should given an undertaking that he

would not alienate the property and the same should be intimated to the

concerned Sub Registrar.

https://www.mhc.tn.gov.in/judis C.R.P(PD)(MD).No. 614 of 2022

4.In view of the above, the first respondent is hereby directed to file

a fresh affidavit before the trial Court that he would not alienate the suit

property and the same may be intimated to the concerned Sub Registrar.

5.With this direction, this Civil Revision Petition is disposed of. No

costs. Consequently, connected miscellaneous petition is closed.

25.04.2022 Index :Yes/No Internet:Yes/No PNM

To

1.The Additional District Judge, Palani.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.R.P(PD)(MD).No. 614 of 2022

S. ANANTHI, J.,

PNM

ORDER IN C.R.P(PD)(MD).No. 614 of 2022 and CMP(MD)No.2536 of 2022

25.04.2022

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