Madras High Court
C.Kamalam vs D.Jegan on 23 June, 2022
C.R.P.(PD)No.1195 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
C.R.P.(PD)No.1195 of 2022
and
C.M.P.No.6355 of 2022
1.C.Kamalam
2.C.Chinnasamy
3.C.Venkatachalam
4.C.Govindharaj ... Petitioners
..Vs..
D.Jegan ... Respondent
Prayer :- Civil Revision Petition filed under Article 227 of the
Constitution of India, to set aside the fair and final order dated
08.03.2022 made in I.A.No.2 of 2021 in O.S.No.159 of 2021 on the file
of the III Additional District Judge, Coimbatore by allowing this Civil
Revision Petition.
For Petitioner : Mr.R.Prabakar
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C.R.P.(PD)No.1195 of 2022
ORDER
This Civil Revision Petition has been preferred challenging the
order dated 08.03.2022 made in I.A.No.2 of 2021 in O.S.No.159 of 2021
by the learned III Additional District Judge, Coimbatore.
2.Heard the learned counsel for the petitioner and perused the
materials available on record.
3. The revision petitioners are the defendants in the suit in
O.S.No.159 of 2021, which has been filed by the plaintiff for recovery of
money. The suit amount is to the tune of Rs.24,80,000/- along with
interest. Pending suit, the respondent/plaintiff filed a petition for
attachment before the judgment of the property of the petitioners/
defendants. The trial Judge allowed the petition and directed the
defendants to furnish security. Aggrieved over that the revision
petitioners/defendants have preferred this revision.
4. The learned counsel for the petitioners submitted that unless
there is any attempt made by the defendants to alienate the property, the
attachment cannot be made as a routine exercise or cannot be granted just
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C.R.P.(PD)No.1195 of 2022
for asking the same. It is further submitted that the suit debt is a secured
debt and the respondent/plaintiff is in possession of some of the title
deeds of the defendants.
5. The suit is filed on the basis of demand of promissory note and
hence, it can only be viewed as an unsecured debt. It is alleged that the
respondent/plaintiff is in possession of the petitioners/defendants title
deed. That would show that the plaintiff is not a stranger to the
defendants.
6. The learned Trial Judge has made an observation that to create a
mortgage by depositing the title deed, the memorandum of deposit of title
deeds should be registered. Only then there can be an equitable mortgage
by deposit of title deeds and hence, the debt is a secured debt. The
learned counsel for the petitioners submitted that the defendants are not
liable to pay the suit amount and they have denied their liability in the
reply notice itself. But these contentions should be made before the trial
Court during trial. If the petitioners alienates the property, then the
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C.R.P.(PD)No.1195 of 2022
respondent/plaintiff cannot execute a decree, even if he gets a decree in
his favour. The attachment can be ordered only if the defendants fail to
furnish security. The petitioners/defendants are always at liberty to
furnish security and release the property from the attachment. As such, I
find no infirmity or illegality in the order of the trial Judge and it does
not require any interference.
7. In the result, this Civil Revision Petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed. Since
the first revision petitioner is a senior citizen, the learned III Additional
District Judge, Coimbatore is directed to dispose of the matter as
expeditiously as possible.
23.06.2022
Index:Yes No
Speaking Order:Yes/No
ms
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C.R.P.(PD)No.1195 of 2022
To
1. The III Additional District Judge,
Coimbatore.
2.The Section Officer,
V.R.Section,
High Court, Madras.
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C.R.P.(PD)No.1195 of 2022
R.N.MANJULA, J.
ms
C.R.P.(PD)No.1195 of 2022
and
C.M.P.No.6355 of 2022
23.06.2022
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