BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 08.06.2023 PRONOUNCED ON : 15.06.2023 CORAM THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.M.A(MD)No.736 of 2018 and CMP(MD).No.8323 of 2018 N.Palanisamy ...Appellant vs.

1.M.Madasamy

2.Lakshmi

3.Krishnamoorthy ...Respondents PRAYER:- Civil Miscellaneous Appeal filed under Section 104 of C.P.C r/w Order 21 Rule 58 of C.P.C, to set aside the order and decreetal order dated 24.04.2018 in E.A.No.77 of 2016 in E.P.No.9 of 2015 in O.S.No.146 of 2010 on the file of the Principal District Judge, Tirunelveli and allow this civil miscellaneous appeal as prayed for.

For Appellant : Mrs.AL.Ganthimathi Senior Counsel For Mr.C.Mahadevan For R1 & R2 : D.Nallathambi For R3 : No appearance

JUDGMENT

The present appeal has been filed by the decree holder in O.S.No.

146 of 2010 challenging the order under which a claim under Order 21 Rule 58 of Civil Procedure Code was allowed by the Execution Court.

2.The appellant herein as plaintiff had filed O.S.No.146 of 2010 before the Principal District Court, Tirunelveli for the relief of recovery of money of Rs.15,00,000/- based upon dishonour of a cheque. In the said suit, an order of attachment before judgemen