NAZEEMA PARVEEN Vs. A ZUBEIDHA BEE

JUDGEMENT

(1.) Challenge in this civil revision petition is to the order dated 16.4.2009 in I.A. No.1115 of 2003 in O.S. No. 95 of 2002 on the file of the learned Subordinate Judge Chidambaram. THE FACTS :-

(2.) The petitioners are the legal representatives of one P. Mohamed Ismail, defendant in O.S.No. 95 of 2002 on the file of the Sub- ordinate Judge, Chidambaram. The suit in O.S.No. 95 of 2002 was preferred by the respondent against P. Mohamed Ismail praying for a money decree for a sum of Rs. 1,04,038/- on the basis of a promissory note stated to have been executed by him. The respondent also filed an application for attachment before judgment and the said application was registered as I. A. No. 8 of 2001. In the said application, the respondent/Mohamed Ismail had filed counter wherein besides denying the allegations made in the application, an undertaking was given that he has no intention to alienate the property and as such there would be no alienation till the disposal of the suit.

(3.) The learned trial Judge as per order dated 22.2.2002.allowed the application filed under Order 38, Rule 5 of the Code of Civil Procedure and attached the property, in spite of the undertaking given by the, respondent in the said application. The said order has become final.