R.Venkateswari, v. Murugesan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2017 Coram:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.M.A(MD)No.10 of 2017 and C.M.P(MD)No.145 of 2017 1.R.Venkateswsari 2.Selvi. Lawanya 3.Naveen Nivas .. Appellants/Respondents 1 to 3/ Defendants 1 to 3 -Vs1.Murugesan ...Ist Respondent/Petitioner/Plaintiff 2.R.Venkitammal .. 2nd Respondent/4th respondent/ 4th Defendant Prayer:- Civil Miscellaneous Appeal filed under Order 43 Rule 1 of Civil Procedure Code to call for the records relating to the Petition are order of interim attachment before judgement in I.A.No.96 of 2016 in O.S.No.34 of 2016 dated 29.3.2016, passed by Learned I Additional District Judge, Tiruchirappalli and set aside the same.

For Appellants : M/s.K.P.Narayanakumar For Respondent-1 : Mr.G.Rajasimman for M/s.R.J.Karthick

JUDGMENT

This Civil Miscellaneous Appeal has been filed against the order of Attachment passed by the I Additional District Judge, Tiruchirappalli in O.S.No.34 of 2016 filed by the first respondent/Plaintiff for recovery of a sum of Rs.21,73, 369/- against the appellants herein and fourth respondent, on the strength of a pro-note, dated 22.02.2013 for a sum of Rs.16 lakhs borrowed by one E.V.Rengaraj, husband of the first appellant herein , who subsequently died on 21.03.2013.

2.Heard Mr.K.P.Narayanakumar, learned counsel for the appellants and Mr.G.Rajasimman, learned counsel for the first respondent and perused the materials placed before this Court. 3.Though the learned counsel for the appellants would submit that even without giving an opportunity to the appellants, the order of attachment was made, the issue has to be decided only at the time of trial regarding the liability. Till the suit is decided, the right of the respondents should be safe-guarded, at the same time, without affecting the rights of the appellants. It is also submitted by the learned counsel for the appellants that the value of the attachment order was passed in respect of five properties which are all worth about crores together, whereas, the suit itself is for about Rs.22 lakhs.

Regarding the value of the fourth property namely, property comprised in S.No.177/3A located at Elamanam Village, Manapparai Taluk, Tiruchi District, the learned counsel produced the guideline value of the said property issued by the Sub-Registrar of Manapparai. A perusal of the schedule as well as the Value Report given by the Sub-Registrar, Manapparai would disclose that the property is located in S.No.177/3A measuring to an extent 0.81.0 ares covered Patta No.1115. It is also stated that it is approximately 2 acres. As per the guidelines value, per sq.ft, the guideline value has been shown as Rs.40/-. The aforesaid property is calculated as 2.00 acres(87200 sq.ft) and its value comes around Rs.34,88,000/-. When such is the value of the property, it is more than the suit claim.

It is appropriate to confine the order of Attachment Before Judgement only to the item No.4 namely: rh ;Nt vz ;.177/3Vf ;F ncwf ;Nlh ; 0.93.50 Vh ;] ;rpy ; ncwfNlh ; 0.81.0 Vh ;] ; kl ;Lk ; , gl ;lh vz ; .1115 4.As far as the other properties are concerned, Attachment Before Judgement is lifted. It is made clear that the attachment is only confined to item No.4 as stated above. 5.Accordingly, the Civil Miscellaneous Appeal is partly allowed, confirming the order of attachment in respect of fourth item of property alone and in respect of other properties, the Civil Miscellaneous Appeal is dismissed. The trial Court is directed to inform the Sub-Registrar, Manapparai intimating about the order of attachment in respect of fourth property to be recorded in the Encumbrance Certificate. Consequently, connected Miscellaneous Petition is closed.

No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar vsn

To 1.The I Additional District Judge, Tiruchirappalli.

2.The Sub Registrar Manapparai, Tiruchirappalli +1cc to Mr.P.Narayana Kumar, Advocate Sr.No. 1251 +1cc to Mr.R.J.Karthick, Advocate Sr.No. 1597 JAM/02.02.17/SV-MMS/ 3p-5c C.M.A(MD)No.10 of 2017 and C.M.P(MD)No.145 of 2017 05.01.2017