Madras High Court
CRP/1416/2024 of Selvamani Vs Annadurai on 14 October 2026
CRP No. 1416 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1416 of 2024
CNR:{HCMA010592702024}
Selvamani
Petitioner(s)
Vs
1. Annadurai
2.Ganesan
Raji (died)
3.Rani
4.Senthilkumar
5.Chakaravarthy
Respondent(s)
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the order and decreetal order passed in IA No.25 of 2022 in OS No.73 of 2019
dated 12.06.2023 on the file of III Additional District Court, Kallakruichi.
For Petitioner(s):
Mr.V.Gunasekar
For Respondent(s):
Mr.G.Thiyagarajan
for R1 and R2
For R3 & R4 - Sd-NA
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CRP No. 1416 of 2024
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the fair and decreetal order passed in IA No.25 of 2022 in OS No.73 of 2019 dated 12.06.2023, on the file of III Additional District Court, Kallakruichi, wherein the application filed by the 1st and 2nd respondents to raise the attachment under Order XXXVIII Rule 9 of CPC, came to be allowed by the Court below.
2. Heard the learned counsel for the petitioner and the learned counsel for respondents 1 and 2.
3. This Court carefully considered the submissions made on either side and the materials available on record. This Court also went through the order passed by the Court below.
4. The petitioner is the plaintiff who filed the suit in OS.No.73 of 2019, seeking for the relief of recovery of money along with interest. During the pendency of the suit, the petitioner filed IA.No.124 of 2020, under Order XXXVIII Rule 9 of CPC, for attachment before the judgment. This application came to be allowed by an order dated 8.1.2021.
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CRP No. 1416 of 2024
5. The respondents 1 and 2 who are third parties filed an application under Order XXXVIII Rule 9 of CPC, to set aside the order of attachment and to set aside the entry made in the encumbrance certificate on the ground that even before the order of attachment was passed, the property was sold in favour of 1st and 2nd respondents during the years 2019 and 2020.
6. The Court below while dealing with the contention from both sides came to a conclusion that the order of attachment has been passed only after the property had been conveyed and therefore the earlier order was set aside. Aggrieved by the same, the present CRP has been filed before this Court.
7. In the considered view of this Court, the Court below while passing the order of attachment was not aware of the fact that the property has already been conveyed in the year 2019 and 2020 and therefore the order of attachment was set aside. This reasoning given by the Court below does not suffer from any perversity warranting the interference of this Court.
8. It is also brought to the notice of this Court that the plaint has been returned by the III Additional District Court, Kallakruichi on 25.6.2026 to be presented before the competent Court.
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CRP No. 1416 of 2024
9. In the result, the order passed by the Court below is sustained and this Civil Revision Petition is dismissed. It is left open to the petitioner/plaintiff to represent the plaint before the appropriate Court and workout his remedy in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed. 14-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp
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CRP No. 1416 of 2024 To III Additional District Court, Kallakruichi.
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CRP No. 1416 of 2024 N.ANAND VENKATESH J. kp CRP No. 1416 of 2024
14-10-2026
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