Manonmani v. Sasikumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.2304 of 2023 Manonmani ... Petitioner/Petitioner/ Plaintiff Vs.

Sasikumar ... Respondent/Respondent/ Defendant PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the fair and decreetal order passed by Sub Court, Padmanabhapuram in I.A.No. 1/2019 in O.S.No.137/2019 dated 31-10-2019 and set aside the same. For Petitioner : Mr.K.P.Narayanakumar

ORDER

The present revision has been filed by the plaintiff in a suit for recovery of money, challenging an order passed by the trial Court dismissing an application for attachment before judgment. 1/4

2. A perusal of the impugned order indicates that the learned Judge has arrived at a finding that the affidavit is very vague relating to the fact whether the defendant is attempting to alienate the property or not.

3. A perusal of the counter affidavit filed by the defendant indicates that in Paragraph No.8 of the said counter, he has specifically averred that he has no intention or never attempted to sell the schedule of property with a view to escape to other district or settle in other country. In view of the said undertaking, I do not find any further adjudication is required in the revision petition. The said undertaking is recorded.

4. Recording the same, this Civil Revision Petition stands disposed of. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

24.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 2/4

To 1.The Sub Court, Padmanabhapuram.

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

R.

VIJAYAKUMAR ,J.

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gbg Order made in 24.02.2023 4/4