Vanaroja v. Rajeswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.06.2018 C O R A M:

THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM C.M.A.No.1898 of 2011 and M.P.No.1 of 2011 Vanaroja ...Appellant/Respondent Rajeswari

...Respondent/Petitioner

PRAYER: Civil Miscellaneous Appeal filed under Order XLIII R.1 Code od Civil Procedure, praying to set aside the order and decreetal order dated 02.06.2011 made in I.A.No.115 of 2011 in O.S.No.17 of 2011, on the file of learned District Judge, Karaikkal.

For Appellant : No Appearance

JUDGMENT

No representation for the appellant.

2. This Civil Miscellaneous Appeal has been preferred against the order passed in I.A.No.115 of 2011 in O.S.No.17 of 2011, dated 02.06.2011. This petition filed under Order XXXVIII Rule 5 r/w Section 151 of CPC for furnishing security to the satisfaction of this Court to a sum of Rs.5,00,000/- within a stipulated time.

3. The trial Court has given a stipulated time for furnishing security and it was made clear that failure to comply the said order, the order of attachment of property will be passed. Despite that, no security was furnished within the stipulated time. Hence, attachment of property was ordered.

4. Today, there is no representation for the petitioner.

5. Considering the fact that already the Trial Court has passed the order giving a time limit to furnish security and since no security was furnished within the stipulated time, order of attachment was passed. Hence, there is no privilege in this appeal.

https://hcservices.ecourts.gov.in/hcservices/

6. In the result, this Civil Miscellaneous Appeal stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ub To

1. The District Judge, Karaikkal.

2. The Record Keeper, V.R.Section, High Court, Madras.

C.M.A.No.1898 of 2011 and M.P.No.1 of 2011 NM(CO) EU(10/08/2018) https://hcservices.ecourts.gov.in/hcservices/