V. RAMACHANDRAN Vs. G. KANAGASABAPATHY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the order dtd. 22/8/2013 in I.A. No. 31 of 2012 in I.A. No. 149 of 2010 in O.S. No. 124 of 2010 on the file of the III Additional District Court, Tirunelveli.

(2.) In I.A. No. 31 of 2012, the appellant herein is the first respondent. Respondents 1 to 4 herein are the petitioners, who are the third parties. 5th respondent herein is the 2nd respondent. For the sake of convenience, the parties will be referred as to their rank in I.A. No. 31 of 2012.

(3.) I.A. No. 31 of 2012 was filed by the third parties. In the said I.A., the petitioners, who are the third parties have contended that the petitioners 1 to 3 are the brothers of the 2nd respondent namely G. Thirumalainainar and 4th petitioner is the son of the 2nd respondent. The petitioners further contended that the first respondent has filed a suit in O.S. No. 124 of 2010 for recovery of money and other reliefs as against the 2nd respondent and also filed I.A. No. 149 of 2010 under Order 38 Rule 5 of C.P.C., seeking the 2nd respondent to furnish the security for the amount fixed by the trial Court, failing which to pass an order of attachment before judgment of the petition schedule property. Since the 2nd respondent has not furnished security, the properties have been attached.