High Court Kerala High Court

A.V.Jose vs Janardhanan on 1 February, 2011

Kerala High Court
A.V.Jose vs Janardhanan on 1 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO.No. 203 of 2010()


1. A.V.JOSE,S/O.LATE A.J.VARGHESE,
                      ...  Petitioner

                        Vs



1. JANARDHANAN,S/O.KANDAMPILLY KUMARAN,
                       ...       Respondent

2. SHEELA JANARDHANAN,W/O.KANDAMPILLY

                For Petitioner  :SRI.V.CHITAMBARESH (SR.)

                For Respondent  :SRI.S.V.BALAKRISHNA IYER (SR.)

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :01/02/2011

 O R D E R
                THOTTATHIL B. RADHAKRISHNAN &
                          P.S. GOPINATHAN, JJ.
                = = = = = = = = = = = = = = = = = = = = =
                             F.A.O. 203 OF 2010
                       = = = = = = = = = = = = = =
         DATED THIS, THE 1ST DAY OF FEBRUARY, 2011.

                               J U D G M E N T

Thottathil B. Radhakrishnan, J.

The plaintiff in a suit for money is before us. He obtained an order of

attachment before judgment on I.A. 885 of 2009. That order dated

21.3.2009 was reviewed by the court below by order on I.A. 2947 of 2009

on 19.11.2009. Thereafter, the court below took up the application for

attachment before judgment and heard the parties on the basis of affidavits

on record. The plea of the defendant that they do not intend to alienate the

property weighed with the court below and ultimately dismissed the

application for attachment before judgment. Obviously, in the light of the

defendants’ assertion that they do not intend to sell the property, the court

below was persuaded to take the view that there is no ground referable to

Rule 38(1) to further proceed with the application for attachment before

judgment. We do not go into the controversy as to whether such an order is

an appealable one. Learned counsel for the appellant says that the

impugned order amounts to discharging an order of attachment earlier

imposed.

FAO 203/2010 2

2. Learned senior counsel for the defendants submits that after the

earlier review order as noticed above, the impugned order is one passed

afresh and it will not be an appealable order within the format of Order 43

Rule 1(q). We record this submission; but deem it unnecessary for us to

answer that question since even if we permit this appeal to be converted as

a revision, it would not be heard by a larger quorum.

3. In the light of the aforesaid facts, we dispose of this appeal without

interfering with the impugned order; however directing that the court below

will make an endeavour to expedite the final disposal of the suit after trial,

having regard to the fact that this is a suit for money.

Appeal ordered accordingly.

THOTTATHIL B. RADHAKRISHNAN,
(JUDGE)

P.S. GOPINATHAN,
(JUDGE)
knc/-