O R D E R

This Civil Revision Petition is filed against the fair and decretal order dated 18.01.2021 passed in I.A. No. 02 of 2020 in C.O.S. No. 61 of 2020 on the file of the learned Principal District Judge, Salem.

2.The Defendants in C.O.S. No. 61 of 2020 on the file of the learned Principal District Judge, Salem are the Revision Petitioners. The Plaintiffs, who have instituted the said suit are the Respondents herein.

3.The Plaintiffs have instituted the suit for recovery of a sum of Rs.51,61,874/- with subsequent interest at 12% per annum on Rs.49,000/- from the date of suit till realisation. As per the plaint averments, the Defendants have been closely acquainted with the plaintiff and taking note of such proximity of relationship, when the Defendants sought for financial help, the Plaintiffs borrowed money on interest from Tata Capital Housing Finance Limited and IDBI Bank Limited and paid it to the Defendants 1 to 3 by way of four cheques to the tune of Rs. 49 lakhs. It was stated that the Defendants have agreed to clear the entire loan amount in 12 months. However, as per their assurance, they did not repay the borrowed amount. The Plaintiffs also came to know that the Defendants have sold two house plots vide sale deed dated 02.09.2020 for Rs.32,00,000/- but they did not pay the amount borrowed from the Plaintiffs. After repeated demand, the Defendants paid a sum of Rs.8,14,246/- by remitting it in the bank account of the plaintiff, leaving the balance sum payable by them. It is in those circumstances, the Plaintiffs have filed the suit.

4.Pending suit, the Plaintiffs have also filed I.A. No. 2 of 2020 in C.O.S.

No.61 of 2020 under Order XXXVIII,, Rule 5 of the Code of Civil Procedure (in short CPC) to attach the property morefully set out in the petition, before judgment.

5.It appears that the trial Court passed an order on 04.12.2020 directing the Defendants to furnish security for the suit claim of Rs.51,61,874/-. On notice, the Defendants/Revision Petitioners herein have voluntarily executed security for production of property in Form No.VI as per Order XXXVIII, Rule 5 of CPC. In other words, the Defendants themselves have offered as security the property in their name. However, the Plaintiffs objected to the same by stating that the property offered as security was subjected to mortgage with Karur Vysya Bank Limited for a sum of Rs.1,15,00,000/- on 09.01.2019 vide document No.89 of 2019. Therefore, the Plaintiffs prayed the trial Court to order attachment of the properties mentioned in the schedule of the Petition in IA No. 2 of 2020.

6.Taking note of the submissions of the counsel for both sides, the trial court pointed out that the security bond furnished by the Defendants is not as contemplated as per Civil Rules of Practice. The trial court also concluded that the Defendants are attempting to create encumbrance over the petition mentioned property and therefore, to protect the interest of the Plaintiffs/Respondents herein, has allowed I.A.No. 2 of 2020 and attached the property mentioned in the Schedule of the Petition till the disposal of the suit. Aggrieved by the aforesaid order, the Defendants are before this Court with this Civil Revision Petition.

7.The learned Counsel for the Petitioners submitted that the trial Judge had passed orders on 04.12.2020 directing the Defendants to furnish security for the suit claim. As directed, the Defendants/Revision Petitioners have voluntarily furnished the property in their name. After the bond was executed, a memo of objection was filed by the Respondents/Plaintiffs stating that the property furnished as security had already been mortgaged in favour of Karur Vysya Bank besides the Defendants have sold two other properties and realised huge money. Therefore, it was contended that the Defendants are attempting to cheat the Plaintiffs. Based on such baseless objection of the Respondents/Plaintiffs, the trial Court ordered attachment of the properties. Even though the properti