Madras High CourtCRP(MD)/231/2022dismissed

G.Banumathi, v. Dhanesh Credits,

2022-03-24Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.231 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI C.R.P(MD).No.231 of 2022 and CMP(MD).No.1030 of 2022 G. Banumathi : Petitioner /Respondent/2nd defendant Vs.

Dhanesh Credits : Respondent /Petitioner /Plaintiff (A registered Partnership Firm, Presented by its Manager, Na.S.Jeyagar) PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order, dated 20.10.2021 passed in I.A.No.568 of 2018 in O.S.No.519 of 2018, on the file of the Principal Sub Court, Karur.

For petitioners : Mr. K. Guhan For Respondent : No appearance

ORDER

The revision petitioner / 2nd defendant filed this revision to set aside the order, dated 20.10.2021 passed in I.A.No.568 of 2018 in O.S.No.519 of 2018, on the file of the Principal Sub Court, Karur.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record. Even though the name of the respondent printed in the cause list no one has appeared either in person or through counsel.

3. The said Interlocutory Application was filed by the respondent / plaintiff under Order 38 Rule 5 CPC for attachment before Judgment. The suit was filed for recovery of money. The revision petitioner / 2nd defendant has stated in the counter that he has no intention to sell the property. So, the attachment before Judgment was ordered by the trial Court. Hence, it is not necessary to set aside the order passed by the Court below.

4. Accordingly, this Revision Petition is dismissed by confirming the order, dated 20.10.2021 passed in I.A.No.568 of 2018 in O.S.No.519 of 2018, on the file of the Principal Sub Court, Karur. No costs. Consequently, the connected Miscellaneous Petition is closed.

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C.R.P(MD).No.231 of 2022

5. Since the suit is pending from the year 2018, the Principal Subordinate Judge, Karur is directed to dispose of the suit within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) To The Principal Sub Judge, Karur.

+1 CC to M/s.K.GUHAN, Advocate ( SR-14156[F] dated 24/03/2022 ) C.R.P(MD).No.231 of 2022 and CMP(MD).No.1030 of 2022 24.03.2022 MGJ(31.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2