LAWS(MAD)-2018-1-1173

S.M. MASILAMANI AND ANR. Vs. GNANASAMBANDAN @ RAJKUMAR

Decided On January 22, 2018
S.M. Masilamani And Anr. Appellant
V/S
Gnanasambandan @ Rajkumar Respondents

JUDGEMENT

(1.) These Civil Revision Petitions are filed to set aside the fair and decretal orders dated 02.02.2015 made in I.A.Nos.877 and 878 of 2014 respectively in O.S.Nos.110 and 111 of 2014 on the file of the II Additional District Judge, Puducherry.

(2.) The issues involved in both the Civil Revision Petitions are one and the same and therefore, disposed of by this common order.

(3.) The petitioner in both the Civil Revision Petitions are plaintiffs and respondent is the defendant in O.S.Nos.110 and 111 of 2014 on the file of the II Additional District Judge, Puducherry. The petitioners filed the said suits for recovery of money based on the promissory note. The petitioners filed I.A.Nos.877 and 878 of 2014 under Order 38, Rule 5 Read with section 151 of C.P.C for a direction to the respondent to furnish security and if respondent failed to furnish security, to pass an order of attachment of the immovable property mentioned therein. According to the petitioners, the respondent is making arrangements to sell the property to third parties and third parties are bargaining with regard to the sale price. The suit property is the only property of the respondent and if he alienates the property, the petitioners will not be in a position to realise the fruits of the decree which may be passed in their favour.