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2019 (9) TMI 1634 - MADRAS HIGH COURTProvisional attachment orders - factual error in making the recording, as if, a consent has been given when no such consent was given as recorded by the Tribunal - HELD THAT:- This Court made a suggestion on the last hearing on 23.09.2019 that the respondents will have to be directed not to alienate or encumber the property sought to be attached. Resultantly, the conditional order passed the Appellate Tribunal would go. The respondents are at liberty to maintain the properties sought to be attached to be used as a pathway. For the aforesaid purpose, they can put temporary shed and make it useful, for which no equity has been claimed. Similarly, for maintaining the road, the expenses incurred cannot be fastened on the appellant. This arrangement would be subject to the disposal of the case pending on the file of the Special Court, Chennai, in S.C.No.74 of 2017. The respondents shall deposit a quantified amount, subject to the decision of the Special Court for the usage of the property. All these arrangements are subject to the result of the adjudication in S.C.No.74 of 2017 by the Special Court, Chennai. The respondents shall pay a sum of ₹ 2 lakhs without prejudice to the contentions in the pending case. These arrangements also subject to the result in S.C.No.74 of 2017 on the file of the Special Court, Chennai. The Special Court, viz.,the Principal Judge, City Civil Court, Chennai, shall dispose of S.C.No.74 of 2017 within a period of six months from the date of receipt of a copy of this order - Appeal disposed off.
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