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2013 Supreme(Mad) 2731

K.RAVICHANDRA BAABU
C. Sengottaiyan – Appellant
Versus
K. Saravanan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:N. Manokaran, Advocate.
For the Respondent:T. Murugamanickam, Advocate.

Judgment :

1. The petitioner is the plaintiff in O.S.No.190/2000 on the file of the Sub court, Mettur. He filed the said suit for recovery of a sum of Rs.1,17,575/-against the respondent herein based on a promissory note. Pending disposal of the suit, the plaintiff filed I.A.No.386/2000 under Order 38 Rule 5 C.P.C., and sought for attachment before the judgment in respect of a property belongs to the defendant. On notice, in the said application, the defendant appeared before the court and furnished security for production of the property as and when required by the court. The trial court by accepting the security offered by the defendant and recording the same, rejected the objections raised by the plaintiff. Thereafter, the suit came to be decreed, on merits, on 25.02.2003. Thus, a decree was granted directing the defendant to pay Rs.1,17,575/-with interest. Consequent upon such decree, the plaintiff filed execution petition in E.P.No.69/2009 under Order 21, Rule 54, 64 and 66 C.P.C. for recovery of the said decretal amount. The defendant as the respondent in the E.P. though originally filed counter on 12.09.2006 and 25.01.2007 by contending that it is an excessive execution, how











































































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