In a civil suit, the court allowed an application for attachment before judgment of schedule properties due to non-appearance of certain respondents and change of counsel for others.
Attachment before judgment of schedule mentioned properties pending disposal of the suit.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY THE 20th DAY OF AUGUST 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A. No.1072 of 2019 IN C.S.No.111 of 2019
Mr.S.GANESAN S/o. Sudalaimani No.4/47-1, Mathunayakanpatti Road, Allampatti, Virudhunagar 626001. : Applicant/Plaintiff Vs. 1. Mr.S.SAKTHIVEL S/o. M.Samuthiravelu No.H-10, Egmore Police Quarters, Near Ganesh Travels, Egmore, Chennai 600008.
Application praying that this Hon'ble Court be pleased to direct the Respondents/Defendants to Furnish a Security within a specified time for the suit claim of Rs.2,35,65,150/- (Rupees Two Crores Thirty Five Lakhs sixty https://hcservices.ecourts.gov.in/hcservices/ Five Thousand one hundred and fifty only) failing which
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order of attachment before Judgment of the Scheduled mentioned properties Item No.1 through the District Munsif Court, Alandur, Item No.2 through the District Munsif Court, Rajapalayam and Item No.3 and 4 through the District Munsif Court Sivakasi pending disposal of the suit.
This Application coming on this day before this court for hearing, the Court made the following order:-
Though the defendants 2 and 3 were served as early as on 07.03.2019, no one has entered appearance on their behalf. Though Mrs. T.Kokilavane had entered appearance for respondents 1 and 4, she would submit that she has given change of vakalat. No new counsel had entered appearance.
Hence, there shall be an order of attachment of the
schedule mentioned properties pending disposal of the suit. The application is allowed accordingly.
Dated this the day of 2018 JJ 19/09/19
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
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1 issue framed by the court
Whether the application for attachment before judgment is maintainable despite non-appearance of some respondents?
Mr. S. GANESAN
Mr. S. SAKTHIVEL
Mr. S. CHANDRAN
Mrs. C. SUBBULAKSHMI
GREAT LAKES MULTI-STATE CO-OPERATIVE HOUSING SOCIETY LTD
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
