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.