C.B.MOHAN Vs. ANANTHAKRISHNAN B.

JUDGEMENT

(1.) This Original Side Appeal is directed against the order of the learned Single Judge dtd. 7/6/2023 in A.No.4939 of 2022 in C.S.No.238 of 2022 filed by the plaintiff in the suit, directing the appellant/defendant to furnish security for the suit claim.

(2.) Brief facts that are necessary for the disposal of this Appeal are as follows :

(3.) It is not in dispute that the suit was filed on 2/11/2022 and on 9/11/2022, the appellant executed a settlement deed in favour of his wife in respect of the property given in the schedule to the application filed under Order 38 Rule 5 of CPC. It is also admitted that, after first hearing on 24/11/2022, the matter was adjourned for filing counter. However, on 30/11/2022, the property was mortgaged by the appellant's wife for a sum of Rs.4.80 Crores.