Naveenkumar vs Periasamy
2023 Latest Caselaw 17584 Mad

Madras High Court

Naveenkumar vs Periasamy on 22 December, 2023

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                        CMA.No.2979 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED: 22.12.2023

                                     CORAM: JUSTICE N.SESHASAYEE

                                            CMA.No.2979 of 2023
                                           & CMP.No.28092 of 2023

                     Naveenkumar                                           ... Appellant

                                                     -Vs-

                     Periasamy                                            ...Respondent


                     Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1(q) CPC,
                     against the fair order passed in I.A.No.2/2023 in O.S.No.188 of 2023
                     dated 28.08.2023 on the file of Hon'ble 1st Addl. District Court,
                     Namakkal.


                                  For Appellant     : Mr.R.Narayanan
                                  For Respondent    : Mr.J.Kamaraj


                                                   JUDGMENT

The defendant in O.S.No.188 of 2023, challenges an order of interim

attachment passed under Order 38 Rule 6 CPC in a suit for recovery of

money.

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

2.The learned counsel for the appellant/defendant submitted that the

defendant challenges the impugned order on the ground that the Trial

Court has not adequately bestowed care to ascertain that the conditions

stipulated for attaching the property of the defendant after Judgment are

complied.

3.The learned counsel added that without prejudice to his contentions

raised herein, the defendant/appellant would undertake not to alienate the

property attached till the disposal of the suit.

4.The said statement of the learned counsel for the appellant is recorded

but, with a clarification.

5.The defendant/appellant is now required to appear before the trial

Court Viz., the 1st Additional District Court, Namakkal with an affidavit

to the effect that he will not alienate the property without the leave of the

Court.

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

6.On receipt of the said affidavit, the trial Court may vacate the order of

interim attachment. The Trial Court is also required to dispose of the suit

in O.S.No.188 of 2023, as expeditiously as possible, since it is laid only

for realization of money.

7.The Civil Miscellaneous Appeal is disposed of accordingly. No costs.

Consequently, the connected miscellaneous petition is closed.

22.12.2023

Tsg

To

1.The1st Addl. District Court, Namakkal.

2.The Section Officer, V.R.Section, High Court, Madras.

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

N.SESHASAYEE, J.,

Tsg

22.12.2023

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