SHYAMJI RAMLOCHAN MOURYA vs SANGITABEN D/O CHHOTALAL MEHTA AND W/O MEHTA NAIMESHKUMAR NAROTTAMDAS Advocate - H R PATHAN — 4/2024

Summary The court rejected the plaintiff's application for attachment before judgment under Order 38 Rule 5 of the Code of Civil Procedure, 1908. The plaintiff failed to provide definite evidence that the defendant intended to dispose of or remove the property to obstruct decree execution; mere allegations were insufficient. Additionally, considering the negligible bank charge relative to the agreed property price of Rs. 1.61 crore, the court found the application lacked merit and dismissed it with costs to follow the main suit. This case analysis is maintained by casestatus.in based on publicly available court records.