High Court Kerala High Court

K.N.Sanadhanan vs K.A. Antony on 19 February, 2010

Kerala High Court
K.N.Sanadhanan vs K.A. Antony on 19 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5591 of 2010(O)


1. K.N.SANADHANAN,
                      ...  Petitioner

                        Vs



1. K.A. ANTONY, S/O. AUGUSTINE,
                       ...       Respondent

2. TAXI DRIVERS UNION TRUST,

3. A.C.JOSE,S/O.KOCHACKO, AGED 70

4. A.K.CHANDRAN, S/O.KESAVAN, AGED 61

5. M.T.JOHN, AGED 65, TREASURER,

6. K.J.YESUDAS, S/O.JOSEPH

7. TAXI DRIVERS UNION HAVING REGISTRATION

                For Petitioner  :SRI.HARISH R. MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :19/02/2010

 O R D E R
                        P. BHAVADASAN, J.
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                     W.P.(C) No. 5591 of 2010
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          Dated this the 19th day of February, 2010

                             JUDGMENT

In the light of the judgment that is proposed to be

passed, notice to the respondents in this writ petition is

unnecessary.

2. The petitioner has instituted suit O.S. No.118 of

2010 before the Sub Court-III, Ernakulam seeking a decree

for recovery of the plaint schedule property together with

mesne profits from the 1st respondent. He sought for

attachment of certain amount lying in deposit in various

rent control petitions.

3. The petitioner points out that the court below

issued notice on attachment petition. The petitioner

apprehends that if order on the attachment petition is

delayed, there is every chance of the 1st respondent

withdrawing the amount deposited in R.C.P. Nos.128, 129, 130 of

2001 on the file of the Rent Control Court (Munsiffs Court), Ernakulam

W.P.(C) No. 5591/2010 2

and hence, disbursement of the amount may be kept in

abeyance till attachment petition is considered by the court

blow.

4. The prayer made is reasonable and just. Hence, there

will be a direction to keep in abeyance the disbursement of the amount in

R.C.P. Nos.128, 129, 130 of 2001 on the file of the Rent Control Court

(Munsiffs Court), Ernakulam till the disposal of I..A. No.1538 of 2010 in

O.S. No.118 of 2010 on the file of the Sub Court, Ernakulam.

This writ petition is disposed of as above.

P.BHAVADASAN, JUDGE.

mn.