S.Gul Mohamed v. I.Abu Huraia And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL A No. 4582 of 2025 in C.S.No.272 of 2024 S.Gul Mohamed ..Applicant(s) Vs

1. I.Abu Huraia

2. Al Arafath Ibrahim

3. Al Fathima ..Respondent(s) Prayer: Application filed under Order XIV Rule 8 of O.S.Rules R/w under Order XXXVIII Rule 5 R/W Section 151 of CPC, directing the defendants to furnish security for the sum of Rs.1,03,53,362/- and as may be sufficient to satisfy the decree and in default to attach the property described in the schedule hereunder and that may be passed in the above suit. For Applicant(s):

Mr.V.Ralph For Respondent(s):

Mr.G.V.Sridharan

ORDER

Heard the learned counsel for the applicant as well as the learned counsel for the respondents.

2. Today, when the matter is taken up for hearing, the learned counsel appearing for the respondents has filed an undertaking affidavit stating that __________Page 1 of 3

the 1st respondent had already mortgaged the subject property with the Development Credit Bank (DCB) and that the respondents have no intention to encumber or alienate the property till the settlement is arrived at between the parties.

3. Though the main prayer in the application is to direct the respondents / defendants to furnish security for a sum of Rs.1,03,53,362/- and in default to attach the property, the respondents have filed an undertaking affidavit that they have no intention to encumber or alienate the properties during the pendency of the suit and taking note of the said undertaking affidavit filed by the respondents, no further orders are required to be passed in this case. Recording the said undertaking filed by the respondents, this application is closed.

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P.DHANABAL, J.

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