VINAYAKA HARDWARES AND ELECTRICALS Vs. K PANDI @ KARUPPASAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the fair and decreetal order, dated 18.09.2017, passed in I.A.No.41 of 2017 in O.S.No.32 of 2017 on the file of the Principal District Judge, Theni.

(2.) The appellant is the defendant in O.S.No.32 of 2017, on the file of the learned Principal District Judge, Theni. The respondent, who is the plaintiff, filed the said suit for recovery of money. Along with the suit, the respondent filed I.A.No.41 of 2017, under Order 38 Rule 5 CPC to issue notice directing the appellant to furnish security, failing which, to pass an order of attachment.

(3.) According to the respondent, the appellant is taking steps to dispose the suit property mentioned in the petition therein to third parties, in order to defeat the interest of the respondent in the suit.