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L. VICTORIA GOWRI
Kannan – Appellant
Versus
A. Palanichamy – Respondent
JUDGMENT
(Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India as against the order made by the District Court, Karur, in I.A.No.301 of 2014 in O.S.No.47 of 2014 dated 07.11.2014.)
This Civil Revision Petition is filed assailing the order passed by the learned District Judge, Karur in I.A.No.301 of 2014 in O.S.No.47 of 2014 dated 07.11.2014 by the petitioner/respondent/defendant.
2. For the sake of convenience, the parties are described as per their litigative status before the trial court.
3. Heard the learned counsel for the petitioner as well as the respondent at length.
4. The respondent/plaintiff has filed an Interlocutory Application in I.A.No.301 of 2014 seeking to direct the respondent to furnish security to the tune of Rs.1,41,93,000/- towards the suit amount, costs with future interest within the time granted by the trial court and on failure to do so, to grant an order of prescriptive attachment before judgment of the immovable property mentioned in the accompanying petition belonging to the respondent/defendant and to grant an order of a conditional attachment to the same effect till the disposal of the above suit.
5. The Original Suit
The specificity of the security amount and the pending nature of the suit are crucial factors in determining the validity of prescriptive attachment for non-furnishing of security in a recovery of mo....
The Court's decision emphasized the principle that in an application for attachment before judgment, the Court needs to form a prima facie opinion to secure the plaintiff's interest, and the defendan....
Failure to comply with the order to furnish security under Order XXXVIII of the Civil Procedure Code may justify the attachment of properties.
The maintainability of a Civil Revision Petition against the dismissal of an application under Order 38 Rule 5 of CPC and the importance of providing proof of ownership in attachment before judgment ....
The essential requirements for attachment before passing of judgment under Order 38 Rule 5 CPC must be proved to the satisfaction of the court.
A petitioner failing to challenge property ownership claims cannot contest an attachment order, especially when a prima facie case exists for such action.
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