J.Sharmila John vs G.Maria Anthony Selvi
2022 Latest Caselaw 490 Mad

                                                                           C.R.P.(MD) No.227 of 2017



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 07.01.2022

                                                      CORAM

                                   THE HONOURABLE MS.JUSTICE P.T.ASHA

                                            C.R.P(MD)No.227 of 2017
                                                     and
                                           C.M.P(MD) No.1017 of 2017

                     1.J.Sharmila John

                     2.John Fernando                                  ... Petitioners


                                                      Vs.
                     G.Maria Anthony Selvi                            ... Respondent


                     PRAYER:- Civil Revision Petition filed under Article 227 of
                     Constitution of India, to set aside the fair and decretal order passed in
                     I.A.No.662 of 2016 in O.S.No.210 of 2016 dated 08.09.2016 on the file
                     of the learned Subordinate Judge, Tuticorin and allow this civil revision
                     petition.


                                         For Petitioners    : Mr.R.Venkatesan
                                                              M/s.Right Law Associates

                                         For Respondent     : Mr.N.Dilipkumar



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                                                                                 C.R.P.(MD) No.227 of 2017



                                                          ORDER

Challenging the order of attachment passed in I.A.No.662 of 2016

in O.S.No.210 of 2016 on the file of the Sub Court, Tuticorin, the

defendants have invoked the jurisdiction of this Court under Article 227

of the Constitution of India, questioning the said order.

2.The respondent herein had filed the suit in O.S.No.210 of 2016

on the file of the Sub Court, Tuticorin, for recovery of a sum of

Rs.6,50,000/- together with interest at 9 % on the said sum from the date

of the suit till the date of realization. Along with the suit, the respondent

had filed IA No.662 of 2016 for an order of attachment before judgment,

failing which direct the petitioner herein to furnish the security to the

tune of suit claim.

3.In the affidavit filed in support of the said application, the

respondent herein had stated that the petition schedule property belongs

to the second petitioner, who is also liable to pay the respondent/plaintiff

and in order to deprive the respondent herein from enjoying the fruits of

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https://www.mhc.tn.gov.in/judis C.R.P.(MD) No.227 of 2017

the decree, they are taking steps to alienate the suit schedule property.

Therefore, the respondent had sought for direction to the revision

petitioner to furnish security, failing which, order of attachment before

the judgement of the property in question.

4.A detailed counter has been filed by the petitioners herein setting

up a counter claim of a sum of Rs.2,00,000/- and also contending that the

respondent/plaintiff is in possession of the ground floor of the premises

and therefore, he is not entitled to claim interest on the loan amount.

5.The learned Subordinate Judge, Tuticorin, by order dated

08.09.2016 had ordered attachment.

6.It is informed by the learned counsel for the respondent that the

attachment order has also been effected. Therefore, without setting aside

the order in IA No.662 of 2016 and taking note of the fact that the

attachment order has been effected, this Civil Revision Petition is

disposed of with a direction to the learned Subordinate Judge, Tuticorin,

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https://www.mhc.tn.gov.in/judis C.R.P.(MD) No.227 of 2017

P.T.ASHA, J.

cp

to dispose of O.S.No.210 of of 2016 within a period of four months from

the date of receipt of a copy of this order. No costs. Consequently,

connected miscellaneous petition is closed.

07.01.2022

Index:Yes/No Internet:Yes/No cp

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 Subordinate Judge, Tuticorin.

C.R.P(MD)No.227 of 2017 and C.M.P(MD) No.1017 of 2017

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