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2022 Supreme(Mad) 22

S.ANANTHI
M. Jahir Hussain – Appellant
Versus
M. Mohammed Nasurudeen – Respondent


Advocates Appeared:
For the Appellant :K.K. Ramakrishnan, Advocate.
For the Respondent:M.S. Suresh Kumar, Advocate.

JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of Civil Procedure Code, to set aside the fair and decreetal order, dated 23.08.2021 made in I.A.No.1 of 2021 in O.S.No.59 of 2020 on the file of the Fast Track Mahila Court, Dindigul and allow as prayed for.

1. This Civil Miscellaneous Appeal has been filed to set aside the fair and decreetal order, dated 23.08.2021 in I.A.No.1 of 2021 in O.S.No.59 of 2020 passed by the learned Fast Track Mahila Judge, Dindigul.

2. The respondent/plaintiff has filed a petition in I.A.No.01 of 2021 under Order 38 Rule 5 of Civil Procedure Code for attachment before Judgment. The respondent/plaintiff has filed a suit in O.S.No.359 of 2020 on the file of the learned Fast Track Mahila Judge, Dindigul, for recovery of money on the basis of a sale receipt/Ex.P.1. The Court below has partly allowed the petition and ordered for attachment. Aggrieved by the same, this appellant is before this Court.

3. Heard on either side. Perused the material documents available on record.

4. The case of the respondent/plaintiff is that the petition mentioned properties are belonged to the respondent/defendant and his brothers and sisters. The appellant

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