Dr.K.K.John vs N.K.Chellappan on 15 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 11432 of 2006(J)


1. DR.K.K.JOHN, S/O.KURIAN, AGED 57 YEARS,
                      ...  Petitioner
2. K,KUNJUMON, S/O.KURIAN,
3. K.ANTONY, S/O.KURIAN,
4. K.K.FRANSIS, S/O.KURIAN,
5. K.K.MATHAI, S/O.KURIAN, KALANKERIL

                        Vs



1. N.K.CHELLAPPAN, S/O.KESAVAN,
                       ...       Respondent

                For Petitioner  :SRI.NIDHI BALACHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :15/01/2007

 O R D E R
                           M.SASIDHARAN NAMBIAR,J.

                        --------------------------

                           W.P.(C)NO.11432 OF 2006

                         -------------------------

             DATED THIS THE 15th DAY OF JANUARY, 2007


                                       JUDGMENT

Petitioners are challenging Ext.P4 order passed by second Addl.

Munsiff Court, Cherthala in I.A.2937/05 whereunder the immovable

property belonging to petitioners was attached under Order XXXVIII

Rule 5 of Code of Civil Procedure. The case of petitioners was that

another property has already been attached and if that property is not

sufficient, petitioners are prepared to furnish bank guarantee. If that

be the case, petitioners are at liberty to furnish either bank guarantee

or sufficient security before learned Munsiff and apply for an order to

vacate the order of attachment.

Petition is disposed accordingly

M.SASIDHARAN NAMBIAR,JUDGE

Acd