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Madras High CourtA/3096/2022allowed

W.S.Sethu Narayana Babu (Deceased) 1.W.S.Malini Sethu And 3 Others v. S.Sathindar And 6 Others

2022-08-23Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

A.No.3096 of 2022 in C.S No.95 of 2019 SENTHILKUMAR RAMAMOORTHY, J The plaintiff has presented this application for extension of time to take steps to enforce the order of attachment dated 27.04.2019, as modified on 25.07.2019.

2. Defendants 1 to 3 oppose this application largely on the ground that the suit is at the final disposal stage. In addition, it is stated that the asset is subject to a first charge in favour of banks and that the order of attachment is in force and no orders are necessary at this juncture on this application.

3. Since this application is for the limited purpose of enforcing the order of this Court, which has admittedly not been assailed in a manner known to law, this application is liable to be allowed. In the affidavit in support of this application, the applicant has stated that the counsel did not take steps pursuant to the order dated 25.07.2019.

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SENTHILKUMAR RAMAMOORTHY, J kal

4. By accepting the reasons stated in the affidavit, the time for enforcing the order of attachment is extended until 06.09.2022. Needless to say, the order of attachment is subject to and will abide by the final decision in the suit.

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