← Library
Madras High CourtA/5585/2024allowed

K.Shanmugam v. Fci Employees Co-Operative House Building Society And Another

2024-11-22Honourable Mr Justice Abdul Quddhose2 pages

A.Nos.5585, 5586, 6077, 6078 & 6081 of 2024 in C.S.No.888 of 2007 A.Nos.5585, 5586, 6077, 6078 & 6081 of 2024 in C.S.No.888 of 2007 ABDUL QUDDHOSE, J A.No.5585 of 2024 has been filed seeking to amend the site numbers in the schedule of property.

2. A.No.5586 of 2024 has been filed seeking to amend the schedule of property in A.No.5013 of 2023 in A.No.1540 of 2008 in C.S.No.888 of 2007.

3. A.Nos.6077, 6078 & 6081 of 2024 have been filed seeking to raise the attachment passed by this Court in A.No.1540 of 2008 in C.S.No.888 of 2007, dated 01.09.2009.

4. Learned counsel for the applicants, on instructions, would submit that the property mentioned by the applicants in these applications were purchased prior to the order of attachment passed by this Court. The applicant seeks for raising the order of attachment passed by this Court on the ground that even prior to the date of attachment, the applicants became the owner. To substantiate the contents in the affidavits filed in support of these applications, the sale deeds standing in the name of the applicants have also been filed.

1/2 https://www.mhc.tn.gov.in/judis

A.Nos.5585, 5586, 6077, 6078 & 6081 of 2024 in C.S.No.888 of 2007 ABDUL QUDDHOSE, J

5. Learned counsel for plaintiff has also not raised any serious objections for allowing these applications as similar applications were allowed earlier by this Court on 10.04.2024 through A.Nos.5011, 5012 and 5013 of 2023 in A.No.1540 of 2008 in C.S.No.888 of 2007. The applicants have also sought for amendment of the site numbers in the scheduled property. As according to the applicants, there was an error in the description of the site numbers in the scheduled property.

6. This Court is satisfied with the reasons stated in the affidavits filed in support of these applications. Therefore, these applications will have to be allowed as prayed for.

7. Accordingly, these applications are allowed as prayed for. The applicants are directed to carry out necessary amendment in terms of this order.

22.11.2024 gm A.Nos.5585, 5586, 6077, 6078 & 6081 of 2024 in C.S.No.888 of 2007 2/2 https://www.mhc.tn.gov.in/judis