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Madras High CourtCRP/3007/2018dismissed

K.P.Murugesan v. M.Venkatachalam

2021-07-27Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and CMP.No.17427 of 2018 K.P.Murugesan ..Petitioner Vs.

M.Venkatachalam ..Respondent PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 14.08.2018 in IA.No.177 of 2018 in OS.No.192 of 2017 on the file of the Sessions (Fast Track Mahila) Court, Namakkal.

For Petitioner : Mr.E.P.Senniyangiri For Respondent : Mrs.R.Sripriya for Mr.V.Raghavachari 1/4

ORDER

This Civil Revision Petition is filed against the order dated 14.08.2018 in IA.No.177 of 2018 in OS.No.192 of 2017 on the file of the Sessions (Fast Track Mahila) Court, Namakkal, thereby ordered attachment before the judgment.

2. The petitioner is the defendant and the respondent is the plaintiff. The respondent filed suit for recovery of money. While pending the suit, the respondent filed petition to pass order of attachment before the judgment in respect of the petition mentioned properties till the disposal of the suit. It was allowed and aggrieved by the same, the present civil revision petition has been filed.

3. In the present civil revision petition, on 11.10.2018 this Court granted interim stay on condition that the petitioner shall file an affidavit before the court below undertaking not to alienate the petition mentioned properties. The learned counsel for the respondent would submit that so far the petitioner did not file any undertaking affidavit before the court below.

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4. That apart, this Court finds no infirmity or illegality in the order passed by the court below since it is only attachment before judgment and it is valid till the disposal of the suit.

5. Accordingly, this civil revision petition is dismissed. Consequently, connected miscellaneous petition is closed. No order as to costs.

27.07.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok To The Sessions (Fast Track Mahila) Court, Namakkal.

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G.K.ILANTHIRAIYAN,J.

lok 27.07.2021 4/4