M PADMINI Vs. M ANANDHAN

JUDGEMENT

(1.) This Appeal has been filed against the Order of the 1st Additional District Judge, Erode dated 7.11.2013 made in I.A. No. 116 of 2013 in O.S. No. 37 of 2013. The appellant is the defendant in O.S. No. 37 of 2013. The said O.S. No. 37 of 2013 has been filed by the respondent/sole plaintiff, for recovery of a sum of Rs. 2,87,31,923/- with subsequent interest at the rate of 24% p.a. from the date of Suit till the date of realisation of the Suit amount with cost.

(2.) For the sake of convenience, the parties herein are stated as per the ranking in the lower Court.

(3.) A written statement was filed by the appellant/defendant refuting the allegations made in the plaint. Pending suit, an application in I.A. No. 116 of 2013 was filed by the respondent/plaintiff under Order 38 Rule 5 of Code of Civil Procedure (hereinafter called C.P.C.) for directing the defendant to furnish security to the satisfaction of the Decree amount, failing which to order attachment. The details of the properties are mentioned in the annexure. This petition was opposed by the defendant by filing a Counter. When the matter was posted for orders, an additional affidavit was filed by the plaintiff and on that basis, an Order was passed by the Trial Court on 7.11.2013, attaching the properties 3 to 5 and Item Nos. 7 and 8. Aggrieved over the same, the above appeal has been filed by the defendant.