Madras High CourtCMA(MD)/736/2017allowed

T. Murugan v. P. Pakirathan

2017-11-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.736 of 2017 and C.M.P.(MD).No.7952 of 2017 T.Murugan ... Appellant Vs.

P.Pakirathan ... Respondent Prayer: Appeal filed under Order 43 Rule 1(Q) of Civil Procedure Code, against the fair and decreetal order dated 18.07.2017 made in I.A.No.46 of 2017 in O.S.No.41 of 2017, on the file of the Additional Sessions Judge, Karur.

For Appellant : Mr.T.Selvam For Respondent : Mr.K.Hemakarthikeyan

JUDGMENT

Heard the learned counsel on either side.

2.The defendant has filed this appeal questioning the order of attachment made by the Trial Court. The respondent herein has filed a money claim against the appellant herein. He also filed I.A.No.46 of 2017, for attaching the petition mentioned property. The appellant herein filed an affidavit undertaking that he will not effect any encumbrance over the said property. It appears that the said property has already been mortgaged. No further encumbrance will be made. When the appellant has filed an undertaking affidavit, there is no need to pass an order of attachment. Therefore the order dated 18.07.2017 in I.A.No.46 of 2017, on the file of the Additional Sessions Judge, Karur is set aside. 3.The learned counsel appearing for the respondent would pray that the Trial Court can be directed to expedite the suit proceedings.

He states that it is only suit on promissory note. No elaborate trial would be required. Therefore, the Trial Court is directed to dispose of the said suit on or before 30.04.2018. This Civil Miscellaneous Appeal is allowed accordingly. 4.The learned counsel appearing for the appellant would submit that in view of the undertaking already filed by this appellant, the petition mentioned property will not be subjected to any encumbrance till the disposal of the suit. This submission is placed on record. https://hcservices.ecourts.gov.

5.This Civil Miscellaneous Appeal is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Additional Sessions Judge, Karur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.T.Selvan, Advocate, SR.No.88054 +One cc to Mr.K.Hemakarthikeyn, Advocate, SR.No.88101 tsg RL/5C/2P/KP/SAR4/14/12/2017 C.M.A.(MD)No.736 of 2017 and C.M.P.(MD).No.7952 of 2017 20.11.2017 https://hcservices.ecourts.gov.in/hcservices/