The Madurai Bench of Madras High Court dismissed the civil miscellaneous appeal challenging an order of attachment before judgment as infructuous, holding that the suit was decreed and an execution petition was already filed.
Civil Miscellaneous Appeal dismissed as infructuous; connected civil miscellaneous petition dismissed.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.M.A.(MD)No.862 of 2016 and
C.M.P(MD)No.8038 of 2016
1.Syam Sundar Prabu 2.M.G.Rengarajan
3.S.Jai Pradeep
4.S.Hariprakash
... Appellants/Respondents/
Vs. R.Ramachandran ... Respondent/Petitioner/ Plaintiff
Prayer: Appeal filed under Order 43 Rule 1(q) of the Code of Civil Procedure, against the judgment and decree dated 11.02.2015 passed in I.A.No.37 of 2015 in O.S.No.7 of 2015 on the file of the II Additional District Judge, Tiruchirappalli.
For Appellants : Mr.S.Sethuraman
For Respondent : Mr.P.Arun Jeyatram
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the order directing attachment before judgment.
Sd/Assistant Registrar(CS-III)
/True Copy/
Sub Assistant Registrar
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To
1.The II Additional District Judge, Tiruchirappalli.
2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.S.Sethuraman, Advocate in SR.No.61130
rsb
AE/MR/KKR/SAR3/06.07.2017/2P/4C
C.M.A.(MD)No.862 of 2016 and C.M.P(MD)No.8038 of 2016 20.06.2017
1 issue framed by the court
Whether the civil miscellaneous appeal for attachment before judgment is maintainable if the underlying suit has been decreed and execution petition is pending.
1 provisions across 1 enactments
Syam Sundar Prabu
M.G.Rengarajan
S.Jai Pradeep
S.Hariprakash
R.Ramachandran
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
