SRINIVASAN
K. Jayalakshmi – Appellant
Versus
S. M. Muthaier – Respondent
Srinivasan, J.
1. This appeal is against an order passed on 43.1988 by the Subordinate Judge, Dindigul making the interim attachment absolute.
2. The respondent herein filed a suit for recovery of a sum of Rs. 51,300 with interest on Rs. 45,000 at 24% per annum from the date of plaint. The suit is based on two promissory notes executed by the defendants. While the suit was pending, the respondent applied for attachment of the properties. In support of the application for attachment the respondent had made the following averments:
... Now, already 1st defendant's husband wound up his business at Madras and is attempting to sell the same to third parties. She has only one house at Madurai with intention to obstruct and delay the execution of the decree that may be passed in this suit, she is about to dispose off the whole of the property belonging to her and to secrete the consideration herself. If she does so, I may not be able to recover any amount. I have also filed a third party affidavit to substantiate the same. Hence this application has been filed by me for an order of attachment before judgment of the properties mentioned in the application and an ad interim attachment pen
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