The Madras High Court dismissed an appeal against an order upholding attachment before judgment and maintenance of status quo. The court held the appeal failed as the respondent had not sufficiently proved alienation of property with a bona fide disclaimers.
The appeal and connected miscellaneous petition were dismissed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2015
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
C.M.A. No.977 of 2015
& M.P.No.1 of 2015
G.Venkatesan .. Appellant/Petitioner
Vs.
1.D.Sridhar
2.Radha Ranganathan .. Respondents /Respondents
Appeal under Order 43 Rule 1(q) of Code of Civil Procedure
against the order and decree dated 25.02.2015 in I.A.No.584 of 2014
in O.S.No.136 of 2014 on the file of the Principal District Judge,
Cuddalore.
For Appellant : Mr.D.Ravichander
JUDGMENT
The Civil Miscellaneous Appeal is filed by the
appellant/petitioner against the order passed in I.A.No.584 of 2014
in O.S.No.136 of 2014 dated 25.02.2015.
the appellant may not get any remedy or he could not even file contempt application before the trial Court. Therefore, he seeks to set aside the order of attachment.
To
The Principal District Judge, Cuddalore. VP(co) cp 05.08.2015
3 issues framed by the court
Whether an appeal should be allowed when the appellant failed to prove that the respondent would alienate the property preventing the enjoyment of decree fruits.
Whether the lower court justified attachment before judgment by preventing further encumbrance and directing maintenance of status quo.
Whether the trial court's order restraining alienation despite prior mortgage was largely inherent and warranted.
3 provisions across 1 enactments
G. Venkatesan
D. Sridhar
Radha Ranganathan
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
