R HARIKRISHNAN Vs. VIMALADEVI

JUDGEMENT

(1.) Heard learned counsel for the parties through video conferencing due to the Covid-19 pandemic.

(2.) These two civil miscellaneous appeals are directed against the impugned fair and decretal orders dated 26.06.2020 passed in I.A.No.2 of 2020 in O.S.No.13 of 2020 and in I.A.No.2 of 2020 in O.S.No.15 of 2020 respectively, by the learned Principal District Judge, Namakkal.

(3.) Mr.N.Suresh, learned counsel appearing for the appellant/defendant argued that the respondent/plaintiff in each of the civil miscellaneous appeals filed the respective suit in O.S.Nos.13 and 15 of 2020 on the file of the learned Principal District Judge, Namakkal for recovery of a total sum of Rs.39,90,000/- and Rs.29,95,000/- respectively, on the basis of two promissory notes said to have been executed by the appellant/defendant in favour of each of the respondent/plaintiff herein. Although detailed counter affidavits have been filed explaining clearly that both the suits are frivolous and vexatious, both on law and on facts, for the reason that the appellant/defendant never borrowed any loan as alleged by each of the respondent/plaintiff herein and that the appellant/defendant had not executed the suit promissory notes in favour of each of them, making it clear that the alleged promissory notes were forged one, the Court below, without considering the same, has passed the impugned decretal orders granting the orders of attachment before judgment, resultantly, half share in both the first and second item of properties belonging to the appellant/defendant has been directed to be attached after completion of the lockdown period. Aggrieved thereby, the appellant/defendant has come to this Court.