S.Gul Mohamed v. I.Abu Huraia and 2 Others
Case brief
What is this about?
Madras High Court order dated 18-12-2025 (P. Dhanabal, J.) closing security application A No. 4582 of 2025 in suit C.S.No.272 of 2024; prayer under Order XIV Rule 8 O.S. Rules read with Order XXXVIII Rule 5 and Section 151 CPC for security of Rs.1,03,53,362/- with default attachment of scheduled property; respondents' undertaking affidavit recorded — 1st respondent had already mortgaged subject property with Development Credit Bank (DCB) and no intention to encumber or alienate till settlement; no security directed, no attachment ordered. Keywords: security, attachment, undertaking affidavit, DCB mortgage, application closed, interlocutory application.
What did the court decide?
No security was directed and no attachment ordered; the application was closed upon recording the respondents' undertaking affidavit not to encumber or alienate the properties during the pendency of the suit.