P.DILLIBABU Vs. R.GAYATHRI

JUDGEMENT

(1.) Challenging the orders passed in I.A.Nos.7 of 2020 and 8 of 2020 in I.A.No.1175 of 2018 in O.S.No.281 of 2018 filed under Order IX Rule 7 of Civil Procedure Code, the petitioner has come before this Court.

(2.) The respondents 1 and 2/plaintiffs originally filed a suit for recovery of vacant possession of the suit schedule property and also for recovery of rental arrears to the tune of Rs.41,14,640/-. In the said suit, the respondents 1 and 2 have filed an application in I.A.No.1175 of 2018 under Order XXXVIII Rule 5 of Civil Procedure Code, for attachment. The petitioners, who are respondent Nos.1 to 4 have entered appearance through Advocate. Though time was granted for filing counter, they did not file any counter and therefore, they were set ex parte. The interlocutory application was posted along with the suit for hearing on 14.06.2019. Again, the matter was adjourned to 18.06.2019. On 18.06.2019, the petitioners have filed a petition to set aside the ex parte order passed in the interlocutory application and the matter was adjourned to 28.08.2019 and 20.09.2019. On 21.10.2019, an order was passed directing the respondent to furnish security to the suit amount on or before 21.11.2019 failing which, attachment will be ordered and the matter was posted on 22.11.2019.

(3.) It appears that, on 18.03.2020, the application filed under Order IX Rule 7 C.P.C. was taken up independently and it was allowed on condition to deposit a sum of Rs.5,00,000/- into the suit account failing which, the attachment order passed on 22.11.2019, will be made absolute. Aggrieved over the same, the petitioner is before this Court.