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1992 Supreme(Mad) 212

VENKATASWAMI, ABDUL HADI
M. A. V. R. Nataraja Nadar – Appellant
Versus
State Bank of India, Virudhunagar Branch, etc. – Respondent


Advocates Appeared:
For the Appellants:A.D.C. Guruswami, E. Damodharan, Advocates.
For the Respondents:A.R. Ramanathan, Advocate.

Judgment :-

VENKATASWAMI, J.

1. This appeal is preferred against the Order of the learned Principal District Judge, Madurai, in I.A. No. 213 of 1984 in O.S. No. 207 of 1982.

2. Brief facts are the following:


The Second respondent herein filed the said suit (O.S. No. 207 of 1982) against the appellants herein for recovering a sum of Rs. 4,15,158.13p. with subsequent interest at 6% per annum on Rs. 4,01,521.64p.

3. Pending suit, the second respondent filed I.A. 1080 of 1980 for attachment before Judgment in respect of immoveable properties belonging to the appellants. It is necessary to mention at this juncture that the suit was originally pending on the file of the Sub Court, Dindigul in O.S. No. 433 of 1980. Later on, it was transferred to Madurai and ultimately taken on file by the District Judge and renumbered as O.S. 207 of 1982. We are concerned in this case only with items 1 and 2 of the immoveable properties, though the Court below dealt with items 1 to 3. On coming to know of the attachment before judgment obtained by the second respondent herein, the first respondent-State Bank of India, Virudhunagar Branch, (hereinafter referred to as ‘the Bank’) claiming to be an earlier eqi








































































































































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