C.Sridhar v. K.K.Ajith Kumar
Case brief
What is this about?
Appeal against an attachment before judgment order was dismissed for non-prosecution due to the appellant's absence. The court directed the trial court to dispose of the main suit within six months.
What did the court decide?
Appeal dismissed for non-prosecution; direction to trial court to dispose of main suit within six months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2020
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
CMA.NO.3454 OF 2019 and CMP.No.20246/2019
C.Sridhar, S/o.M.Chandra Mohan, Proprietor,
M/s.Srivel Textiles,
No.2/24, 4th Street, Town Extension, Tiruppur. ... Appellant/Defendant -vsK.K.Ajith Kumar ... Respondent/Plaintiff
Civil Miscellaneous Appeal filed under Order 43 Rule 1 of CPC. against the fair and decreetal order dated 08.07.2019 passed in I.A.No.2/2019 in O.S.No.249/2019 on the file of the learned I Additional District Judge, Coimbatore.
For Appellant : No appearance For Respondent : Ms.R.Shase J U D G M E N T
The respondent herein/plaintiff has filed a suit in O.S.No.249/2019 on the file of the learned I Additional District Judge, Coimbatore, for recovery of a sum of Rs.78,16,306.84p with subsequent interest thereon at 24% p.a. on 74,00,000/from the date of the suit till the date of realization. He has also moved I.A.No.2/2019 seeking attachment before judgment under Order 38 Rule 5 and Section 151 of CPC. A third party affidavit has also been filed in I.A.No.2/2019 by the defendant proving that an attempt has been made to sell away the suit property. Thereafter, the learned I Additional District Judge, Coimbatore, has passed an order, directing the defendant to furnish security for the suit amount, failing which, ordered for attachment of the suit property-in-question, by order dated 08.07.2019. Aggrieved over the same, the present Civil Miscellaneous Appeal has been filed.
Issues for consideration
2 issues framed by the court
Whether the present Civil Miscellaneous Appeal should be dismissed for non-prosecution given the absence of the appellant's counsel.
What direction can the High Court issue to the trial court to ensure disposal of the main suit pending before it.
Parties & counsel
- appellant
C.Sridhar
- respondent
K.K.Ajith Kumar
Coram
T.Raja
Case details
As recorded by the court registry
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