Y.Kanagambal vs R.Manoharan
2026 Latest Caselaw 268 Mad

Madras High Court

Y.Kanagambal vs R.Manoharan on 20 January, 2026

                                                                                               C.R.P. (MD) No. 2203 of 2022

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 20.01.2026

                                                              CORAM

                                  THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

                                               C.R.P. (MD) No. 2203 of 2022
                                                           and
                                              C.M.P. (MD) No. 10285 of 2022

                Y.Kanagambal                                                                  ... Petitioner

                                                                     Vs.

                R.Manoharan                                                                   ... Respondent


                PRAYER: Petition filed under Article 227 of the Constitution of India to set
                aside the fair and decreetal order passed in C.M.A. No. 06 of 2020 dated
                09.03.2022 on the file of the District Judge, Karur, in confirming the order
                passed by the trial Court in in I.A. No. 703 of 2018 in O.S. No. 712 of 2018
                dated 01.10.2020 on the file of the Additional Subordinate Judge, Karur.


                                   For Petitioner                   :Mr.K.Suresh
                                   For Respondent                   :Mr.R.Devaraj




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                                                                                               C.R.P. (MD) No. 2203 of 2022




                                                           ORDER

This Civil Revision Petition challenges the order dated 09.03.2022

passed in C.M.A. No. 06 of 2020 on the file of the District Judge, Karur,

(hereinafter referred to as the 'Appellate Court' for short) in confirming the

order dated 01.10.2020 passed in I.A. No. 703 of 2018 in O.S. No. 712 of 2018

on the file of the Additional Subordinate Judge, Karur. (hereinafter referred to

as the 'Trial Court' for short), attaching the property of the Defendant.

2.Heard Mr.K.Suresh, learned Counsel for the Petitioner and

Mr.R.Devaraj, learned Counsel for the Respondent and perused the materials

placed on record apart from the pleadings of the parties.

3.The parties are hereinafter referred to as by the description in the suit in

O.S.No.712 of 2018 before the Trial Court for the sake of clarity and

convenience. It has been brought to the notice of this Court by the learned

Counsel appearing for the Plaintiff that the application for Attachment Before

Judgment was filed on 31.08.2018 and the order of attachment was passed on

01.10.2020. In the meanwhile, the Defendant had mortgaged the property in

the Bank of Baroda on 27.06.2019.

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4.Such creation of mortgage is evidently lis pendens in transfer of

property, which cannot affect the rights of the Plaintiff. This Court does not

find any reason to interfere with the impugned order passed by the Appellate

Court, confirming the order of the Trial Court.

5.In that view of the matter, this Civil Revision Petition is dismissed. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                                                     20.01.2026
                Index        : Yes/No
                NCC          : Yes/No
                cmr

                To:-

                1.The District Judge, Karur.

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








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                                                                            N.SENTHILKUMAR, J.

                                                                                                     cmr









                                                                                           20.01.2026

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