ORDER :

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow this Civil Revision Petition by setting aside the Fair and Decreetal order dated 24.11.2022 made in I.A.No.2 of 2022 in O.S.No.4617 of 2022 on the file of the XIX Additional Judge, City Civil Court, Madras.

The Civil Revision Petition is filed against the Fair and Decreetal order dated 24.11.2022 passed in I.A.No.2 of 2022 in O.S.No.4617 of 2022 pending on the file of the XIX Additional Judge, City Civil Court, Madras.

2. The revision petition is the defendant and the respondent plaintiff instituted a Suit for recovery of money. The respondents/plaintiffs filed an Interlocutory Application in I.A.No.2 of 2022 under Order XXXVIII Rule 8 of Civil Procedure Code to pass interim order of attachment before judgment over the property bearing Old Door No.4/2A, New No.9 in Lawyer Chinnathambi Street, Chennai – 600 021. The Trial Court adjudicated the grounds raised in the Interlocutory Application and formed an opinion that apprehension is enough to file an application seeking attachment before judgment.

3. The contention of the revision petitioner is that there is an agreement for sale and thus, the Suit for recovery of money or the disputes to be adjudicated during the trial is not maintainable and this Court in the present civil revision petition cannot consider those grounds raised by the revision petitioner both before the Trial Court and this Court. Triable issues cannot be adjudicated in respect of the orders passed in an Interlocutory Application, more specifically, attaching the property before judgment.

4. The Trial Court rightly arrived a conclusion and directed the revision petitioner to furnish security for a sum of Rs.25,00,000/- before the Court on or before 07.12.2022, failing which the property mentioned in the petition will be attached before the judgment and thus, the Trial Court had given an option to the revision petitioner either to furnish security of the Suit amount, failing which the property mentioned in the petition would be attached before judgment. It is a balanced order passed by the Trial Court in order to protect the interest of the parties and it is for the revision petitioner to furnish the security failing which the property is to be attached.

5. Issues are to be adjudicated by way of full-fledged trial and all the contentions raised regarding the merits of the case cannot be adjudicated before this Court. Thus, this Court do not find any infirmity in respect of the orders, which is the balanced order passed to protect the interest of the parties and thus, the trial is to be commenced and the Suit is to be disposed of as expeditiously as possible.

6. With these observations, the Civil Revision Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.