ORAL ORDER

“a) Issue a Writ of Certiorari or any direction to quash the impugned order passed by Hon’ble City Civil and Sessions Judge (Hereinafter referred to ‘Trial Court’) in O.S.No.4424/2024 dated 21.06.2025 vide Annexure A as being without jurisdiction, void, illegal, and hence bad in law;

c) Grant such other relief as circumstances and contingencies may permit, in the interest of justice and equity.”

3. The petitioner - plaintiff institutes a suit in Commercial Original Suit, seeking recovery of money. Along with the said suit, he files an application under Order XXXVIII Rule 5 of the CPC seeking attachment of the properties of the defendant, owing to the failure to return the alleged loan amount, that was lent to the defendant. The issue in the lis is not with regard to the merit of the matter pending before the concerned Court. The concerned Court observes that the application under Order XXXVIII Rule 5 of the CPC would be considered along with t