E.K.Prakasan vs Muthulangayil Kunhabdulla on 5 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10822 of 2008(L)


1. E.K.PRAKASAN, S/O.APPUKUTTY,
                      ...  Petitioner

                        Vs



1. MUTHULANGAYIL KUNHABDULLA,
                       ...       Respondent

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

                For Respondent  :SRI.K.JAYAKUMAR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :05/06/2008

 O R D E R
                M. SASIDHARAN NAMBIAR, J.
                  ------------------------------------------
                  W.P.(C).No. 10822 of 2008
                  ------------------------------------------
              Dated this the 5th day of June, 2008


                             JUDGMENT

Petitioner is the plaintiff and respondent the

defendant in O.S. 71 of 2008 on the file of Sub Court,

Koyilandy. In the suit, IA 1732 of 2007 was filed for an

order of attachment before judgment under Rule 5 of Order

XXXVIII of Code of Civil Procedure. The case of the

petitioner is that respondent is to be directed to furnish

security to satisfy the plaint claim of Rs.98,40,000/- and on

failure, property is to be attached. Under Ext.P3 order the

learned Sub Judge dismissed the petition. It is challenged

in this petition filed under Article 227 of Constitution of

India. When the petition was admitted on 31.3.2008, an

order was issued directing respondent not to alienate the

property till the next posting date. The order was extended

on the next posting day.

2. Respondent appeared through learned senior

counsel Advocate S.V. Balakrishna Iyer. Learned senior

counsel submitted that respondent has no objection to

WPC 10822/08 2

pass an order of attachment of the property as sought for in IA

1732 of 2007 on the failure to furnish security. On that

submission, Ext.P3 order is quashed. The respondent/defendant

is directed to furnish security for Rs.98,40,000/- before Sub

Court, Koyilandy within one month from today and on failure to

furnish security there would be an order of attachment of the

property as sought for in IA 1732 of 2007 till disposal of the suit.

There would be an order of conditional attachment, which will be

in force for 30 days from today or till security is furnished.

Petitioner is at liberty to approach Sub Court, Koyilandy to effect

the order of attachment. It is made clear that if any alienation is

made from 4.00 pm. on 5.6.2008, it will be subject to the order

of attachment.

M. SASIDHARAN NAMBIAR,
JUDGE

Okb/-