C.R.P(PD)No.4201 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023

CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD

Civil Revision Petition (PD) No.4201 of 2019

and C.M.P.No.27393 of 2019

Saravanan ... Petitioner

Vs.

1.Raju

2.Srinivasan … Respondents

Civil Revision Petition filed under Article 227 of the Constitution of

India praying to set aside the fair and decreetal order dated 23.10.2019

passed by the learned Additional District Judge at Mettur in I.A.No.1 of 2019

in O.S.No.149 of 2019.

For Petitioner

: S.Thamizhpoonkuilmozhi

For Respondent

: No Appearance

For Respondent 2 : Mr.P.Valliappan,

Senior Counsel

for Mr.N.Loganathan

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C.R.P(PD)No.4201 of 2019

O R D E R

The present Civil Revision Petition has been filed to set aside the fair

and decreetal order dated 23.10.2019 passed by the learned Additional

District Judge/Fast track Court at Mettur in I.A.No.1 of 2019 in O.S.No.149

of 2019.

2. Learned counsel for the petitioner submitted that the fair order and

the decreetal order of I.A.No.1 of 2019 was passed on 30.09.2019 and the

said attachment before judgment order dated 13.11.2019 is subsequent to

aforesaid order, which is under challenge before this Court.

3. Learned counsel for the revision petitioner further submitted that the

revision petitioner is the second defendant in the suit O.S.No.149 of 2019.

On 07.03.2018, the second respondent and the first respondent has entered

into a sale agreement for a suit schedule property, which is an unregistered

sale agreement. According to the sale agreement, the second respondent has

paid an advance amount of Rs.14,80,000/- to the first respondent. Thereafter,

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C.R.P(PD)No.4201 of 2019

the said property was mortgaged with the bank at the time of the unregistered

sale agreement, when attempt was made to register the unregistered sale

agreement, the Registrar refused on the ground that the original documents

were not produced before him. Therefore, the second respondent has filed a

subject matter suit O.S.No.149 of 2019 for recovery of sum of Rs.15,80,046/-

.

4. Learned counsel for the petitioner further submitted that by

suppressing the aforesaid unregistered sale agreement dated 07.03.2018, the

first respondent sold the suit schedule property by executing a sale deed in

favour of the petitioner on 30.01.2019. However, in the reply statement filed

by the first respondent/first defendant dated 21.08.2019, he denied the receipt

of the advance amount from the second respondent. Subsequent to the same,

the second respondent has filed I.A.No.1 of 2019 to order the defendants 1 &

2 in the suit to furnish security to the suit amount, failing which order to

attach the petition mentioned property before the judgment of the suit and the

same was allowed with a direction to the first respondent to furnish security

for a sum of Rs.15,79,046/- on 23.10.2019 and listed the matter on

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C.R.P(PD)No.4201 of 2019

23.10.2019.

5. Thereafter, the second respondent has filed another I.A.No.2 of 2019

to grant an ad-interim temporary injunction against the petitioner and the first

respondent and their men restraining from in anyway selling, creating any

other encumbrances thereby carrying out any other act of waste of the

petition mentioned properties till the disposal of the suit and that was also

allowed on 30.09.2019. This being so, the first respondent has not furnished

the security on 23.10.2019. Hence, the suit property was attached on

13.11.2019. Aggrieved over the same, the petitioner has filed the present

Civil Revision Petition.