3.When the matter had come up before this Court, this Court had directed the petitioner to file an affidavit stating that he would not alienate or encumber the suit property pending disposal of the suit in O.S.No.13 of 2020 on the file of the 1st Additional District Munsif, Thoothukudi. The petitioner had filed an affidavit on 15.11.2021, wherein he had undertaken not to alienate the suit property, however he had not given an undertaking that he would not encumber the property. Therefore, the petitioner's counsel was asked to get affidavit to include the statement that the petitioner would not encumber the property. However, today when the matter was listed, the petitioner's counsel informed the court that such an undertaken could not be given as the petitioner desired to mortgage the property to raise the loan to clear out his dues to third party. Therefore, it is clear that the petitioner is indebted to other party as well. Therefore, the apprehension of the petitioner is well founded and I do not find any error in the order passed by the learned 1st Additional District Munsif, Thoothukudi .
