Madras High CourtCRP(MD)/3164/2023dismissed

Balraj v. Backiyaraj

2023-12-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.16294 of 2023 Balraj ... Petitioner/ Petitioner Vs.

1. Backiyaraj

2. Moorthy

3. Gomathi ... Respondents/ Respondent Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 23.12.2022 in I.A.No.01 of 2022 in O.S.No.224 of 2022 on the file of the learned I Additional District Judge, Tiruchirappalli. For Petitioner : Mr.P.Ganapathi Subramanian 1/4

ORDER

The Civil Revision Petition is directed against the order passed in I.A.No.01 of 2022 in O.S.No.224 of 2022 dated 23.12.2022, on the file of the 1st Additional District Court (PCR), Tiruchirappalli, dismissing the application filed under Order 38 Rule 5 C.P.C.

2. The revision petitioner has filed the suit in O.S.No.224 of 2022 for recovery of Rs.36,62,500/-. Pending suit, the above application in I.A.No.01 of 2022 came to be filed seeking attachment of three items of the properties, which includes, one item situated in Thiruvananthapuram and all the jewels available in Shree Mahendra Jewelers situated in Trichy.

3. The learned trial Judge, by observing that the revision petitioner has not furnished the valuation of the properties sought to be attached and regarding movable properties, they have simply mentioned as all the jewels in Shree Mahendra Jewelers at Trichy and that the revision petitioner does not fulfill the legal requirements contemplated under Order 38 Rule 5 C.P.C., dismissed the application.

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4. Considering the fact and circumstances and taking note of the observations of the trial Court, the impugned order dismissing the application cannot be found fault with. Hence, this Court concludes that the revision is devoid of merit and the same is liable to be dismissed.

5. In the result, this Civil Revision Petition is dismissed. However, the revision petitioner is at liberty to file a fresh application for attachment on complying the necessary requirements contemplated under Order 38 Rule 5 C.P.C. Consequently, connected Miscellaneous Petition is closed. No costs.

06.12.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The 1st Additional District Court (PCR), Tiruchirappalli.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Order made in and C.M.P.(MD)No.16294 of 2023 Dated : 06.12.2023 4/4