Madras High CourtCRP(MD)/735/2017dismissed

Dilipan @ T.N. Vijayasekar v. R. Magudeeswaran

2022-07-05Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.M.P(MD).No.3379 of 2017 Dilipan @ T.N.Vijayasekar ... Revision Petitioner versus R.Magudeeswaran ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 30.09.2016 made in I.A.No. 196 of 2016 in O.S.No.172 of 2016 on the file of the Additional Sub-Court, Dindigul.

For Petitioner : Mr.K.Guhan For Respondent : No-appearance 1/4

ORDER

This Civil Revision Petition has been filed as against the fair and decreetal order dated 30.09.2016 passed in I.A.No.196 of 2016 in O.S.No. 172 of 2016 by the Additional Sub Court, Dindigul.

2. The learned counsel appearing for the petitioner submits that the respondent/plaintiff has filed a suit for recovery of money in O.S.No.172 of 2016 and he also filed an application in I.A.No.196 of 2016 for attachment of the property. The Trial Court allowed the said interlocutory application by attaching the property. Aggrieved over the same, the present Civil Revision Petition has been filed.

3. Though notice has been served on the respondent, there is no representation for the respondent.

4. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

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5. It is seen from the records that the suit properties were attached in order to protect the rights of the plaintiff. Hence, the petitioner can approach the trial Court for getting appropriate relief. This Court is not inclined to interfere with the fair and decreetal order passed by the Additional SubCourt, Dindigul in I.A.No.196 of 2016 in O.S.No.172 of 2016. Since the suit is pending from the year 2016, a direction is hereby issued to the Additional Sub-Court, Dindigul to conclude the trial as expeditiously as possible.

6. Accordingly, the Civil Revision Petition is dismissed. No costs. Connected miscellaneous petition is closed.

05.07.2022 ssb Index : Yes / No Internet: Yes / No To Additional Sub-Court, Dindigul.

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B.PUGALENDHI, J.

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