P.G.Seshadri vs Baskaran
2023 Latest Caselaw 6506 Mad

                                                                              C.M.A(MD)No.1334 of 2010



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 19.06.2023

                                                           CORAM

                                    THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                                C.M.A(MD)No.1334 of 2010

                     P.G.Seshadri                               ... Appellant/Respondent/
                                                                    1st Defendant


                                                             Vs.

                     Baskaran                                  ... Respondent/Petitioner/
                                                                   Plaintiff

                     PRAYER: Civil Miscellaneous Appeal is filed under Order 43 Rule 1
                     (u) of Code of Civil Procedure, to set aside the order passed in I.A.No.
                     208 of 2010 in O.S.No.75 of 2010, dated 30.04.2010 on the file of the
                     learned I Additional District Court, Madurai.


                                         For Appellant     : Mr.O.Sivakumar

                                         For Respondent    : Mr.V.Nagendran


                                                          JUDGMENT

The present appeal has been filed by the 1st defendant in O.S.No.

75 of 2010 challenging an order of attachment passed by the trial Court

in I.A.No.208 of 2010.

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

C.M.A(MD)No.1334 of 2010

2. The respondent herein had filed O.S.No.75 of 2010 for recovery

of a sum of Rs.9,00,000/- based upon a pro-note, dated 10.11.2007 said

to have been executed jointly by the defendants 1 and 2. Pending suit, the

plaintiff had filed I.A.No.208 of 2010 to attach the properties contending

that the defendants are attempting to alienate the immovable property

and he would not be able to enjoy the fruits of the decree.

3. The defendants had filed a counter disputing the receipt of a

loan amount. The defendants have further contended that the plaintiff

had used some unfilled pro-notes containing the signature of the

defendants which were misplaced recently in a hand bag. In Paragraph

No.8 of the counter, the defendants have further given an undertaking

that they will not alienate or encumber the property.

4. The trial Court after considering the submissions on either side,

passed an order attaching the property. This order is under challenge in

the present appeal.

5. According to the learned counsel appearing for the appellant,

the property is already mortgaged to LIC housing development

corporation and the title deed has also been deposited with the said https://www.mhc.tn.gov.in/judis

creditor. Therefore, the question of attachment would not arise at this

C.M.A(MD)No.1334 of 2010

stage. Apart from the said contention, they have also contended that they

are not liable to pay any amount to the plaintiff and the pro-notes have

been forged by the plaintiff.

6. Heard the learned counsel appearing for the appellants and

respondents.

7. A perusal of the records indicate that the order of interim

attachment is in force for the past 13 years. By an order of this Court, the

records have been called for from the trial Court. Therefore, the trial has

also not proceeded with. In the above said circumstances, this Court

finds that the order of attachment shall continue till 31.12.2023. The trial

Court is directed to dispose of the suit on or before 31.12.2023. The time

schedule fixed by this Court shall be strictly adhered to.

8. With the above said observations, this Civil Miscellaneous

Appeal stands dismissed. No costs.

                                                                                19.06.2023

                    gbg
                    NCC           :   Yes / No
                    Index         :   Yes / No
                    Internet

https://www.mhc.tn.gov.in/judis : Yes / No

C.M.A(MD)No.1334 of 2010

Note : Registry is directed to return all the original records to the trial Court, namely II Additional Sub Court, Madurai.

To

1.The I Additional District Court, Madurai.

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

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

C.M.A(MD)No.1334 of 2010

R.VIJAYAKUMAR,J.

gbg

Judgment made in C.M.A(MD)No.1334 of 2010

19.06.2023

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