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2025 DAILYLAW 226794 (MAD)

Seethalakshmi v. Sameema Begam

REV.APLC(MD)/233/2025 · 2025-11-18

R Vijayakumar

Transfer Petitionbody2025

Judgment text

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Rev.Aplc(MD).No.233 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2025 CORAM THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Rev. Aplc(MD)No.233 of 2025 in C.R.P(MD) No.3135 of 2024 Ms.Seethalakshmi ... Petitioner - Vs- Sameema Begam ... Respondent PRAYER: Review Petition is filed under Order 47 Rules 1 and 2 r/w Section 114 of C.P.C., praying this Court to review the order passed in C.R.P(MD) No.3135 of 2024, dated 25.02.2025 and modify the same by relaxing the condition restraining the petitioner from alienating or encumbering the suit schedule property. For Petitioner : Mr.N.Jeyaraj Sidharth For Respondent : Mr.S.Muniyandi ORDER The present Review Application has been filed seeking to review the order passed by this Court in C.R.P(MD) No.3135 of 2024, dated 25.02.2025. 1/4 https://www.mhc.tn.gov.in/judis Rev.Aplc(MD).No.233 of 2025 2. The above said civil revision petition was filed by the defendant in a money suit, challenging the order of attachment before judgment. Pending revision petition, the defendant has filed an undertaking affidavit before this Court that she would not alienate the properties, pending suit. Based upon the said undertaking, the Civil Revision Petition was allowed. 3. The present review application has been filed by the defendant to the effect that instead of giving an undertaking not to alienate the property, the defendant agreed to deposit a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) to the credit of suit in O.S.No.128 of 2024 on the file of the Principal Sub Court, Palani. On such deposit, the undertaking may be recalled and she may be permitted to alienate the property. 4. The learned counsel appearing for the respondent/plaintiff, on instructions would submit that he has no objection for allowing the Review Petition. 2/4 https://www.mhc.tn.gov.in/judis Rev.Aplc(MD).No.233 of 2025 5. In view of the above said facts, this Court is inclined to pass the following order: (a) the defendant in the suit is permitted to deposit a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) to the credit of O.S.No.128 of 2024 on the file of the Principal Sub Court, Palani. On such deposit, she is at liberty to alienate the property which is subject matter of I.A.No.1 of 2024; and (b) the defendant cannot alienate the property before depositing the said amount. 6. With the above said observation, this Review Application stands allowed. There shall be no order as to costs. 18.11.2025 Index : Yes/No Internet : Yes/No NCC : Yes/No ebsi Note: Issue order copy on 18.11.2025 To The Principal Sub Court, Palani. 3/4 https://www.mhc.tn.gov.in/judis Rev.Aplc(MD).No.233 of 2025 R.VIJAYAKUMAR,J. ebsi Rev.Apl.C(MD)No.233 of 2025 18.11.2025 4/4 https://www.mhc.tn.gov.in/judis