Madras High CourtCMA/976/2017disposed of

Mrs.Malikinnisa v. Mr.Nizamuddin @ M.Mohammed

2017-08-01Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2017

CORAM

THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.M.A.No.976 of 2017 and CMP.Nos.4854 & 6655 of 2017

1. Malikinnisa

2. M.Siddiq alias Abu Baker ...Appellants vs.

Nizamuddin @ M. Mohammed Marzock ... Respondent Civil Miscellaneous Appeal has been filed under Order XLIII Rule 1 (Q) of C.P.C. to set aside the order of attachment passed by the Principal District Judge, Chengalpattu in I.A.No.1045 of 2016 in O.S.No.166 of 2016, dated 04.03.2017. For Appellants : Mr.M.Jothikumar For Respondent : Mr.G.Mohan

J U D G M E N T

This appeal is directed against the order granting attachment before Judgment in I.A.No.1045 of 2016 in O.S.No.166 of 2016, on the file of the Principal District Judge, Chengalpattu.

2. While entertaining the appeal on 15.03.2017, this Court has granted interim stay on a condition, that the property sought to be attached should not be alienated.

3. On entering appearance, the respondent has filed an affidavit of undertaking not to alienate the property pending disposal of this appeal. The said undertaking is recorded and the same will continue till the disposal of the suit. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the undertaking given by the respondent, the order of attachment passed by the trial Court on 04.03.2017 will stand set aside and the attachment is raised. It is however made clear that the respondent shall not alienate the property pending disposal of the suit. The trial Court is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order and report such disposal to this Court.

5. Hence, this Civil Miscellaneous Appeal is disposed of with the above direction. There shall be no order as to costs in this appeal. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sji/dsa To The Principal District Judge, Chengalpattu.

+1cc to M/s.Jothikumar, Advocate, S.R.No.55618 +1cc to M/s.T.Ramachandran, Advocate, S.R.No.54749 C.M.A.No.976 of 2017 and CMP.Nos.4854 & 6655 of 2017 KS(CO) CU(24/08/2017) https://hcservices.ecourts.gov.in/hcservices/