KRISHNA PONNUSWAMY Vs. K DAVID ANNA DURAI

JUDGEMENT

(1.) This is an application filed by the applicants/plaintiffs under Order 38 Rule 5 read with Section 151 C.P.C., seeking for an attachment before judgment of the immovable property comprised in Survey No. 166/4A, measuring an extent of 0.92 cents and the petrol bunk in the name of the fourth defendant and the property belonging to the sixth defendant comprised in Survey No. 374/2A3C Tagore Street, Sree Nagar, described in the schedule.

(2.) When the matter came up on 23.4.2007, this Court found that there was prima facie case in asking the defendants to furnish security. The suit is filed by the plaintiffs against the defendants seeking for payment of Rs. 27,35,000/- with interest at the rate of 12% per annum.

(3.) It was stated by the applicants/plaintiffs that the defendants 1 to 5 are the children of late Kalimuthu (then Speaker of the Tamil Nadu Legislative Assembly). They were born through his first wife Nirmala Kalimuthu. The 6th defendant is the second wife, by name Manohari Kalimuthu. The defendants 7 to 10 are the children of the said late Kalimuthu born through his second wife. After the death of Kalimuthu, the defendants are the legal heirs of the said Kalimuthu. They are also entitled to succeed to the estate of late Kalimuthu. It was also stated that late Kalimuthu was having financial strain to run the petrol bunk situated at Madurai, which was run in the name of his son, the fourth defendant. Late Kalimuthu also wanted to conductthe marriage of his daughter (8th defendant) and was in need of money. In view of his financial strain and various financial commitments, late Kalimuthu approached the second plaintiff for an hand loan during the month of May, 2006. The late Kalimuthu also happened to be related to the plaintiffs.