IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 632 of 2008(A)
1. JOY FRANCIS ALIAS T.P.JOY,
... Petitioner
Vs
1. P.K.SEYD, S/O.ABOOBACKER,
... Respondent
For Petitioner :SRI.SAJAN VARGHEESE K.
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :07/01/2008
O R D E R
M.N.KRISHNAN, J.
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W.P.(C). NO. 632 OF 2008
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Dated this the 7th day of January, 2008
J U D G M E N T
This writ petition is preferred against the order passed by the
Subordinate Judge, Palakkad, whereby it has lifted the order of attachment
on deposit of Rs. 3,15,000/-. The grievance of the writ petitioner is that the
court has not ordered to furnish security for future interest and cost. The
suit inclusive of interest up to the date of institution of the suit comes only
to Rs.2,89,000/-. The court below has directed the party to furnish security
for Rs.3,15,000/- and it is only on deposit of that amount the attachment
has been lifted. At the stage of interim attachment, the court is mainly
concerned with the claim in the suit and the court cannot decide whether it
is going to award future interest at the rate of 12% or that the party is
entitled to the full cost etc. The import of order XXXVIII Rule 5 is to give a
reasonable security to the plaintiff, who instituted the suit, so that he is not
deprived of the main usufructs of the decree, which he is going to obtain
subsequently. I think the court below has approached the subject only in
the correct perspective and therefore the order does not suffer from any
infirmity.
The writ petition is accordingly dismissed.
M.N.KRISHNAN, JUDGE
vps