S. SURESH KUMAR Vs. K. THIYAGARAJAN

JUDGEMENT

(1.) The Civil Revision Petition is filed against the Fair and Decreetal order dtd. 24/11/2022 passed in I.A.No.2 of 2022 in O.S.No.4617 of 2022 pending on the file of the XIX Additional Judge, City Civil Court, Madras.

(2.) The revision petition is the defendant and the respondent plaintiff instituted a Suit for recovery of money. The respondents / plaintiffs filed an Interlocutory Application in I.A.No.2 of 2022 under Order XXXVIII Rule 8 of Civil Procedure Code to pass interim order of attachment before judgment over the property bearing Old Door No.4/2A, New No.9 in Lawyer Chinnathambi Street, Chennai - 600 021. The Trial Court adjudicated the grounds raised in the Interlocutory Application and formed an opinion that apprehension is enough to file an application seeking attachment before judgment.

(3.) The contention of the revision petitioner is that there is an agreement for sale and thus, the Suit for recovery of money or the disputes to be adjudicated during the trial is not maintainable and this Court in the present civil revision petition cannot consider those grounds raised by the revision petitioner both before the Trial Court and this Court. Triable issues cannot be adjudicated in respect of the orders passed in an Interlocutory Application, more specifically, attaching the property before judgment.