Madras High CourtCRP(MD)/2172/2018disposed of

A.Ramakrishnan v. M.Gandhi

2018-09-28Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.2172 of 2018 and C.M.P.(MD)Nos.9657 & 9658 of 2018 A.Ramakrishnan ... Petitioner/Petitioner/ Plaintiff Vs.

1. M.Gandhi

2. The Divisional Personnel Officer, Southern Railway, Trichy Junction, Thiruchirappalli. ... Respondents/Respondents/ Defendants PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 25.09.2018 passed in I.A.No.575 of 2017 in O.S.No.843 of 2017 on the file of the learned II Additional Sub Judge, Tiruchirappalli and allow the present Civil Revision petition.

For Petitioner : Mr.R.Subramanian For R-1 : Mr.A.Chandrakumar ***

O R D E R

The plaintiff in O.S.No.843 of 2017 is the Revision petitioner herein. It is a suit for payment of money. Pending suit, the Revision petitioner filed I.A.No.575 of 2017 for effecting attachment before Judgment of the service benefits to be disbursed to the first respondent. The said Interlocutory application was dismissed by the Court below. Questioning the same, the Civil Revision petition has been filed.

2. When the matter was taken up for admission, a learned counsel entered appearance for the first respondent/defendant. The learned counsel undertook that the defendant would offer sufficient immovable property security before the Court below. The learned counsel would further state that a plot of land standing in the name of the first respondent's son is proposed to be offered as security. This is an unencumbered property. According to him, the value of the property would more than cover the suit claim. https://hcservices.ecourts.gov.in/hcservices/

3. Recording the said submissions, the first respondent is directed to offer the said security before the Court below on 12.10.2018.

4. With this direction, the Civil Revision petition stands disposed of. No costs. Consequently, connected Miscellaneous petitions are closed.

Sd/ Assistant Registrar(Records) /True copy/ Sub Assistant Registrar (CS-IV) To

1. The II Additional Sub Judge, Tiruchirappalli.

2. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1cc to Mr.A.Chandrakumar, Advocate, SR.No.87863 +1cc to Mr.R.Subramanian, Advocate, SR.No. 87834 C.R.P.(MD).No.2172 of 2018 and C.M.P.(MD)Nos.9657 & 9658 of 2018 28.09.2018 PMU KK/RP/SAR-4/09.10.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/