A.Prabakaran vs N.Palanisamy
2022 Latest Caselaw 186 Mad

                                                                                    CMA(MD)No.949 of 2018



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 04.01.2022

                                                         CORAM:

                                     THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                                CMA(MD)No.949 of 2018 &
                                                CMP(MD)No.10249 of 2018

                     A.Prabakaran                                              ... Appellant
                                                              vs.

                     1.N.Palanisamy
                     2.Krishnamoorthy                                       ... Respondents

                     PRAYER : Civil Miscellaneous Appeal filed under Section 104(1)(i) r/w
                     Order 21 Rule 58(4) of CPC to set aside the fair and decreetal order in
                     EA.No.7/2017 in EP.No.9/2015 in OS.No.146/2010 on the file of the
                     Principal District Court, Tirunelveli dated 01.08.2018.


                                       For Appellant      :         Mr.Meenakshi Sundaram
                                                                    Senior Counsel

                                       For Respondents    :         Mrs.AL.Gandhimathi for R1



                                                       JUDGMENT

The appellant has filed this appeal to set aside the fair and

decreetal order in EA.No.7/2017 in EP.No.9/2015 in OS.No.146/2010 on

the file of the Principal District Court, Tirunelveli dated 01.08.2018.

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

CMA(MD)No.949 of 2018

2. The appellant / petitioner filed EA.No.7/2017 under Order 21

Rule 58 of CPC and Section 151 of CPC to raise the order of attachment

in EA.No.9/2015 dated 07.02.2011 on the ground that the decree amount

is only Rs.18,69,750/- with costs of Rs.1,34,218.50/- totalling to Rs.

20,03,968.50/- and EP.No.9/2015 was filed by the first respondent for

attachment of I and II Schedule of properties, wherein the said properties

are more valuable than the decree amount. The learned Principal District

Judge, Tirunelveli had dismissed the EA. Aggrieved by the said

dismissal order, the appellant / petitioner had filed this appeal.

3. Heard the learned counsel appearing on both sides.

4. The first respondent has filed a counter in EA stating that the

property value is Rs.1,50,000/- per cent in the year 2015. Now seven

years have lapsed and hence, the value of the property would have

increased several times. In the year 2015, item 6 of the I Schedule

property (6.86 cents) is worth about Rs.9,12,000/-, item 7 of the I

Schedule property (3.98 cents) is worth about Rs.5,98,050/- and item 8 of

the I Schedule property (3.61 cents) is worth about Rs.5,42,550/-. Even

as per the value admitted by the first respondent in the year 2015, the

total worth of the items 6 to 8 of the I Schedule property would come to https://www.mhc.tn.gov.in/judis

CMA(MD)No.949 of 2018

more than Rs.20,00,000/-, which is more than the decree amount. Hence,

the attachment in respect of the items 6 to 8 of the I Schedule property

shall continue and the attachment in respect of the items 1 to 5, 9 and 10

of the I Schedule property, and II Schedule property is hereby raised.

5. Accordingly, this Civil Miscellaneous Appeal is partly allowed.

No costs. Consequently, the connected Miscellaneous Petition is closed.

04.01.2022

Index : Yes/No Internet : Yes/No

mbi

To

The Principal District Court, Tirunelveli.

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

CMA(MD)No.949 of 2018

S.ANANTHI, J.

mbi

CMA(MD)No.949 of 2018

04.01.2022

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