High CourtsSINGLE BENCH(2017) 10 MAD CK 0079

Sooran vs Arumugam

Madras High Court · Decided on 9 October 2017

HON’BLE JUDGES
G.R.Swaminathan
RESULT
Dismissed
CASE NUMBER
378 of 2015 and M P (MD)No 1 of 2015

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Judgment

5 paragraphs · 215 words
1.

The defendant in a money suit has filed this Civil Miscellaneous Appeal, aggrieved by the order of attachment made at the instance of the plaintiff.

2.

The plaintiff has laid the said suit on the strength of the pro-notes. The Court below took note of the fact that the defendant had already alienated one of his properties and therefore the remaining items will have to be attached.

3.

The order of attachment was passed as early as on 24.02.2014. We are now in October 2017. Therefore, the time of this Court need not be spent in adjudicating on the correctness of the order of attachment. Instead, interest of justice will be served by directing the Trial Court to dispose of the main suit itself within three months from the date of receipt of a copy of this order.

4.

The Trial Court is directed to dispose of O.S.No.3 of 2014 on the file of the Additional District Court, Dindigul District on or before 31.01.2018. The order of attachment made vide order dated 24th February 2014 in I.A.No.33 of 2014 in O.S.No.3 of 2014 on the file of the Additional District Court, Dindigul is confirmed.

5.

This Civil Miscellaneous Appeal is dismissed with the above direction. No costs. Consequently, M.P.(MD)No. 1 of 2015, is closed.