GANAPATHIAMMAL Vs. KANAGALAKSHMI

JUDGEMENT

(1.) This civil revision petition is filed as against the fair and decreetal order made in IA.No.02 of 2022 in OS.No.16 of 2022 dtd. 18/8/2022 on the file of the II Additional District Court, Thoothukudi.

(2.) The Revision Petitioners before this Court are the plaintiffs in the O.S.No.16 of 2022 before the II Additional District Court, Thoothukudi, which was filed for the relief of recovery of money. The petitioners also filed an interlocutory application in I.A.No.2 of 2022 under Order 38 Rule 5 and Sec. 151 of the Code of Civil Procedure, for directing the respondent to furnish security, in default, to attach the property before passing of the judgment. However the trial court dismissed the said interlocutory application. Aggrieved over the same, the plaintiffs have filed the present revision.

(3.) The petitioners filed the suit in OS.No.16 of 2022 for recovery of Rs.26,00,000.00 with 12% interest per annum on the basis of a promissory note dtd. 17/2/2020. The case of the petitioners is that the respondent's husband availed a loan of Rs.26,00,000.00 from the petitioners at 1% interest on 17/12/2020 and for security, he executed a promissory note on the same date. The respondent produced two cheques dtd. 20/3/2021 for Rs.26,00,000.00 and Rs.1,00,000.00. But before the encashment of the cheques, the respondent's husband passed away on 18/5/2021. When the petitioners demanded repayment of the loan, the respondent denied the loan availed from the petitioners. Hence the petitioners filed the above suit. The petitioners also filed an application in IA.No.2 of 2022 under Order 38 Rule 5 of CPC for a direction to the respondent to furnish security and if not, to attach the property, since the respondent was attempting to alienate the properties of her husband in favour her benami. The respondent denied the loan availed by her husband that her husband and stated that had intimacy with the first petitioner's daughter, who stole the cheques and promissory notes to misuse the same.