VINAYAGA CAPITALS Vs. AISHWARYA FEEDS

JUDGEMENT

(1.) The challenge in this Civil Revision Petition is to an order of the learned Additional District Judge, Namakkal, dtd. 17/11/2021, wherein the learned District Judge, had ordered notice in the injunction application filed by the petitioner in I.A.No. 5 of 2021.

(2.) The original suit in O.S.No. 274 2021 has been filed by the petitioner seeking recovery of a sum of Rs.85.00 lakhs with subsequent interest due and payable on several promissory notes executed by the defendants 1 and 2. The 3rd defendant is a partner of the 1st defendant and the wife of the 2nd defendant. Along with the said suit, the petitioner filed two applications in I.A.No. 3 of 2021, seeking attachment of the property and another application in I.A.No. 5 of 2021 under Order 39 Rule 1 and 2 of the Code of Civil Procedure, seeking interim injunction restraining the respondents/defendants from alienating the properties.

(3.) The learned District Judge ordered notice returnable by 29/11/2021 in both these applications.