R.Ravinder Kumar v. Mrs.K.Ponnammal

A.No.9876 of 2019 in C.S.No.733 of 2019 A.No.9876 of 2019 in C.S.No.733 of 2019 DR.G.JAYACHANDRAN,J.

This application for Attachment Before Judgment is taken out by the plaintiff, who has filed the suit against the defendants on the premises that the first defendant availed loan from the plaintiff to the tune of Rs.80,00,000/- executing pro-notes and mortgaging the title deed of the property which later came to know that it is a forged title deed for nonexisting property. The other defendants being the guarantors for the loan transaction are arrayed as parties in the suit.

2. In the application for Attachment Before Judgment, notice was ordered. The defendants have received the notice. Respondents 2 and 3/defendants 2 and 3 have entered appearance through a Counsel by name Mr.P.Chandrasekar, who seeks time to file counter.

3. As far as the first respondent/1st defendant is concerned, the first respondent, who is the borrower, though received notice, has not chosen to appear either in person or through counsel. 1/2 http://www.judis.nic.in

A.No.9876 of 2019 in C.S.No.733 of 2019 DR.G.JAYACHANDRAN,J.

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4. In the said circumstances, to avoid the right of the plaintiff get defeated in case he succeeds, application for Attachment Before Judgment has to be considered. From the list of properties annexed in the schedule for Attachment Before Judgment, this Court finds that the schedule "A" property belongs to the 1st defendant, who is the prime borrower. Hence, the application for Attachment Before Judgment in respect of "A" schedule property is ordered.

19.02.2020 A.No.9876 of 2019 in C.S.No.733 of 2019 2/2 http://www.judis.nic.in