Petitioner challenged the non-maintainability of her application seeking declaration of void attachment. Court directed re-framing of prayer to seek removal of attachment instead of declaration. Civil Revision Petition dismissed.
Petitioner directed to re-frame prayer to seek removal of attachment; petition dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 08.01.2014
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
C.R.P(PD)(MD)No.29 of 2014 and
M.P(MD)No.1 of 2014
Radhalakshmi
.. Petitioner/Petitioner/ not a party/not a party
Vs.
1.V.Vignesh
2.K.A.V.S.Veluchamy
.. 1st Respondent/Respondent/ Petitioner/Plaintiff .. 2nd Respondent/Respondent/ Respondent/Defendant
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the trial Court to entertain the Docket No.6543 of 2013 in unnumbered I.A.No..... of 2013 in I.A.No.140 of 2011 in O.S.No.71 of 2011 on the file of the Sub Court, Srivilliputhur.
For Petitioner : Mr.L.Madhusudhanan
ORDER
The first respondent filed a suit in O.S.No.71 of 2011 on the file of the Sub Court, Srivilliputhur against the second respondent praying for recovery of money to the tune of Rs.1,28,993.33. In the said suit I.A.No.140 of 2011 was filed to attach the property said to be belonging to the second respondent and an order of attachment was also obtained.
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Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To
The Subordinate Judge,Srivilliputhur.
+1cc to Mr. L.Madhusudhanan, sr.No. 1447 Ps AA/17.01.2014/2p-3c
C.R.P(PD)(MD)No.29 of 2014 08.01.2014
1 issue framed by the court
Whether a petitioner seeking declaration that attachment is void under Order 38 Rule 5 CPC can also file a fresh application for removal of impugned order.
2 provisions across 2 enactments
Radhalakshmi
V.Vignesh
K.A.V.S.Veluchamy
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
