IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 270 of 2009()
1. DR.ABDUL MAJEED, AGED 28 YEARS,
... Petitioner
2. DR.HABEEB RAHMAN.M, AGED 32 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF MEDICAL EDUCATION,
3. THE COMMISSIONER OF ENTRANCE
4. DR.VIMAL.V.V., VIPASANA,
For Petitioner :SRI.K.ABDUL JAWAD
For Respondent : No Appearance
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.K.MOHANAN
Dated :05/03/2009
O R D E R
K.P. Balachandran, J.
--------------------------
R.P.No.27 of 2009 in
W.P.(C)No.35949 of 2008
--------------------------
ORDER
This review petition has been filed by the
respondent in W.P.(C)No.35949/08. On hearing the
submissions, the grievance of the petitioner is not
that this Court ordered conditional attachment
being effected, but that the court below is
adopting the view that the direction to dispose of
I.A.No.5080/08 at the earliest was to dispose of
the said IA effecting attachment. It is made clear
that what was ordered is conditional attachment of
the immovable properties sought to be attached and
the defendant in the suit is having the right
either to furnish security or to show cause as to
why he should not be ordered to furnish security.
If such a cause is shown by the defendant in the
suit, the court has to dispose of I.A.No.5080/08
considering the said cause shown by the defendant,
who is the petitioner herein. It is also clarified
RP 27/09 2
that the court below has to pass appropriate orders
on I.A.No.5080/08, either making the order of
conditional attachment absolute or lifting the
attachment, as the circumstances warrant.
With the above clarification, this review
petition is disposed of.
20th January, 2009 (K.P.Balachandran, Judge)
tkv