A.R.Manikandan v. G.Balasubramanian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.1845 of 2016 and C.M.P.No.9676 of 2016 A.R.Manikandan S/o.A.Rajamanickam ... Petitioner vs G.Balasubramanian S/o.K.Gurusamy (Late) ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned II Additional District and Sessions Judge, Salem, passed in I.A.No.290 of 2015 in O.S.No.305 of 2015 on 13.04.2016. For Petitioner :

Mr.K.A.Ravindran *****

O R D E R

This revision arises against the order of learned II Additional District and Sessions Judge, Salem, passed in I.A.No.290 of 2015 in O.S.No.305 of 2015 on 13.04.2016.

2. Petitioner is the plaintiff in O.S.No.305 of 2015 on the file of learned II Additional District and Sessions Judge, Salem, wherein he had sought relief of recovery of a sum of Rs.18,00,000/-. In such suit, the petitioner filed I.A.No.290 of 2015 seeking attachment of property before judgment. The Court below, under the impugned order, dismissed such application. Hence, this revision.

3. Heard learned counsel for petitioner.

4. In dismissing the application, the Court below has taken note of the undertaking afforded by the respondent/defendant that he would not alienate the property. Though learned counsel for petitioner submits that the Court below has not taken into consideration the third party affidavit filed in support of the application, this Court would not interfere with the order under challenge.

The Civil Revision Petition, accordingly, is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 27.06.2016 Index:yes/no Internet:yes gm

To The II Additional District and Sessions Judge, Salem.

C.T.SELVAM, J gm Civil Revision Petition (PD) No.1845 of 2016 27.06.2016