D RAJALAKSHMI Vs. N RAJAMONY

JUDGEMENT

(1.) THIS appeal is against the order passed by the vacation civil Judge, Kanyakumari at Nagercoil, dated 26. 5. 1994 in I. A. No. 292 of 1994 in o. S. No. 188 of 1989 raising the attachment over items 1 and 4 of the suit schedule properties in O. S. No. 188 of 1989.

(2.) THE plaintiff in O. S. No. 188 of 1989 who has filed the said suit for recovery of Rs. 1,07,300, has filed an application in I. A. No. 843 of 1989 seeking attachment before judgment of five items of suit properties. Conditional attachment was ordered directing the respondent to furnish security to the tune of Rs. 1,25,000. Since the condition was not complied with, attachment was made absolute on 18. 10. 1989 by the Subordinate Judge, Nagercoil. Subsequently the first defendant filed I. A. No. 165 of 1994 on 4. 4. 1994 praying to raise the attachment before judg-ment of the suit properties stating that there is a proposal for sale to Tamil Nadu Small Scale Industries Corporation and the vendee has agreed to deposit the money after the sale towards the suit claim. THE respondent in the said application viz. , the plaintiff has filed a counter and the application stood posted for enquiry on 7. 7. 1994. In the meantime, during summer vacation on 18. 5. 1994, the respondent filed a fresh application in I. A. No. 292 of 1994 for raising attachment over item Nos. 1 and 4 of the suit properties contending that the liability of the first defendant for the suit claim cannot be decided in the Interlocutory Application and since the plaintiff has filed the suit for recovery of Rs. 1,07,300 the petitioner is seeking an order raising attachment over item Nos. 1 and 4 of the suit properties since there is a proposal to sell the abovesaid properties and if he is allowed to do so he will have to deposit the money immediately on receipt of sale consideration. On the above averments of the first defendant in this petition the vacation Judge has passed the impugned order raising the attachment in respect of items 1 and 4 of the suit properties and has also directed the petitioner to deposit Rs. 1,25,000 within 10 days of the sale.