C.R..P.(PD)(MD).No.2865 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(PD)(MD)No.2865 of 2024 and C.M.P(MD) No.16384 of 2024 Chinnathal ... Petitioner/1st Respondent/ 1st Defendant Vs. 1. Chandrasekaran ... 1st Respondent/Petitioner/ Plaintiff 2. Murugesan 3. Venkadesan ... Respondents 2 and 3/ Respondents 2 and 3/ Defendants 2 and 3 (Respondents 2 and 3 are ex-parte in the trial Court and may be dispensed with the notice to R2 and R3) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to call for the records in pursuant to the Fair and Decreetal order dated 06.02.2024 passed in I.A.No.238 of 2021 in O.S.No.220 of 2021 by the learned Additional District Judge, Pudukkottai and set aside the same and to allow the Civil Revision Petition. 1/5 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.2865 of 2024 For Petitioner : Mr.M.Karthikeya Venkitachalapathy For R1 : Mr.R.Paranjothi M/s.KBS. Law Office O R D E R The first defendant in O.S.No.220 of 2021 on the file of the Additional District Court, Pudukkottai, has filed the present Civil Revision Petition challenging the order of interim attachment passed in money suit based upon the pronote. 2. Pending Revision Petition, the petitioner/first defendant has filed an undertaking affidavit. Paragraph No.5 of the undertaking affidavit is extracted as follows: “5. I hereby undertakes that we will not dispose of or alienate the whole or any part of the schedule mentioned property in I.A.No.238 of 2021 in O.S.No.220 of 2021 on the file of the Additional District Judge, Pudukkottai, pending disposal of the case and that effect I file this undertaken affidavit before this Hon'ble Court.” 2/5 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.2865 of 2024 3. In view of the above said undertaking affidavit, this Court is inclined to pass the following orders: a) The order impugned in the revision petition shall stand set aside. b) In case, if any alienation or encumbrance is made by the first defendant, the same shall be treated as void. c) In case of breach of undertaking the first defendant would also liable to proceeded under the Contempt of Courts Act. d) The trial Court is directed to dispose of the suit in O.S.No.220 of 2021 on or before 31.12.2025. 4. With the above said observations, this Civil Revision Petition stands allowed on the above said terms. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed. 28.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.2865 of 2024 To 1. The Additional District Judge, Pudukkottai. 2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.2865 of 2024 R.VIJAYAKUMAR,J. ebsi C.R.P(PD)(MD)No.2865 of 2024 28.04.2025 5/5 https://www.mhc.tn.gov.in/judis