Arumugam vs Arunachalam
2023 Latest Caselaw 9708 Mad

                                                                            C.M.A(MD)No.1220 of 2017

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATE : 04.08.2023

                                                           CORAM

                            THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                                 C.M.A(MD)No.1220 of 2017
                                                            and
                                                 C.M.P.(MD)No.11989 of 2017

                     Arumugam                                          : Appellant / Respondent/
                                                                                        Defendant

                                                          Vs.

                     Arunachalam                                       : Respondent/Petitioner/
                                                                                         Plaintiff

                     PRAYER:- Civil Miscellaneous Appeal filed under Order 43 Rule 1(q) of
                     Civil Procedure Code, to set aside the fair and decreetal order dated
                     23.06.2017 made in I.A.No.23 of 2017 in O.S.No.36 of 2017 on the file of
                     the Fast Track Mahila Court, Karur.


                                        For Appellant   : Mr.G.Sridharan

                                        For Respondent : Mr.M.P.Senthil


                                                    JUDGMENT

The Civil Miscellaneous Appeal is directed against the order dated

23.06.2017 in I.A.No.23 of 2017 in O.S.No.36 of 2017 on the file of the

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.1220 of 2017

Fast Track Mahila Court, Karur, granting attachment of the property before

judgment.

2. The respondent/plaintiff has filed the suit for recovery of money

and for other reliefs.

3. It is evident from the records that this Court recording the

undertaken given by the appellant/defendant that he will not alienate the

property in question, granted interim stay vide order dated 22.12.2017.

4. The learned counsel for the respondent would submit that even

before the interim order, the property was attached and the same was

notified in the encumbrance register on 27.07.2017 itself.

5. At this juncture, the learned counsel for the appellant as well as

the respondent would submit that the trial Court may be directed to

complete the trial within a time frame to be stipulated by this Court.

6. Recording the submissions made by the learned counsel on either

side and on considering the fact that the suit is pending from 2017

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.1220 of 2017

onwards, the learned trial Judge is directed to complete the trial and

dispose of the case within a period of four months from the date of receipt

of copy of this order.

7. With the above direction, the Civil Miscellaneous Appeal is

disposed of. No costs. Consequently, connected Miscellaneous Petition is

closed.

                                                                               04.08.2023


                     NCC      : Yes / No
                     Index : Yes / No
                     Internet : Yes / No
                     das
                     To
                     1.The Judge,

Fast Track Mahila Court, Karur.

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

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.1220 of 2017

K.MURALI SHANKAR,J.

das

C.M.A(MD)No.1220 of 2017 and C.M.P.(MD)No.11989 of 2017

04.08.2023

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