Madras High CourtCRP(MD)/930/2021closed

Ponnusamy, v. K.Dhandapani,

2021-09-06Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2021 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD).No.930 of 2021 and C.M.P.(MD)No.5254 of 2021 Ponnusamy ...Revision Petitioner/Respondent/ Defendant Vs.

K.Dhandapani

...Respondent/Petitioner/Plaintiff

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.2 of 2020 in O.S.No.28 of 2020, dated 27.08.2020, on the file of the learned District Judge, Karur. For Petitioner :Mr.K.Suresh For Respondent :Mr.N.Anantha Padmanabhan

O R D E R

This Civil Revision Petition has been filed to set aside the fair and decreetal order, dated 27.08.2020, in I.A.No.2 of 2020 in O.S.No.28 of 2020, on the file of the learned District Judge, Karur. 2.The respondent/plaintiff has filed a suit in O.S.No.28 of 2020 against the revision petitioner herein, to pay a sum of Rs.26,64,970/-together with interest at the rate of 14% Per annum for the principal amount of Rs.20,00,000/- from the date of plaint till the date of realisation. During the pendency of the suit, the respondent herein/plaintiff has filed a petition in I.A.No.02 of 2020 in O.S.No.28 of 2020 seeking to attach the petition mentioned property before Judgment and the same was allowed by the learned District Judge, Karur, on 27.08.2020. Against the attachment order, the revision petitioner is before this Court.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

4. Today, when the matter is taken up for hearing, both the parties are agreed that the revision petitioner/defendant has to file an undertaking affidavit before the Court below for raising attachment and also seek speedy dispose of the suit. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the aforesaid submission, the revision petitioner

is directed to file an undertaking affidavit before the learned District Judge, Karur, on or before 01.10.2021, if he fails the order, dated 27.08.2020 in I.A.No.2 of 2020 in O.S.No.28 of 2020, shall be confirmed. In view of the submission made by both the parties, there shall be a direction to the learned District Judge, Karur, to dispose of the suit in O.S.No.28 of 2020, as expeditiously as possible.

6.With the above observations, this Civil Revision Petition stands closed. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ksa Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To The District Judge, Karur.

+1 CC to M/s.K.SURESH, Advocate ( SR-28582[F] dated 08/09/2021 ) C.R.P.(MD).No.930 of 2021 06.09.2021 RD(16.09.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/