Shiras vs Sunil Kumar on 2 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Ex.FA.No. 10 of 2004()


1. SHIRAS S/O.DYADHARAM PILLAI,
                      ...  Petitioner

                        Vs



1. SUNIL KUMAR, REPRESENTED BY HIS MOTHER
                       ...       Respondent

                For Petitioner  :SRI.K.GEORGE VARGHESE KANNANTHANAM

                For Respondent  :SRI.K.SUBASH CHANDRA BOSE

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :02/06/2008

 O R D E R
                         PIUS C. KURIAKOSE,J.
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                           Ex.F.A.No.10 of 2004
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                           Dated: 2nd June, 2008

                                 JUDGMENT

The claimant filed the claim petition long after the attachment

order and the documents relied on by the claimant were executed

after the attachment order. But the issue whether the properties were

liable to be attached was considered in the suit as issue No.1. In

other words, the relief which the claim petitioner sought to gain by

filing the claim petition had been granted to him by the judgment

itself. It is not disputed before me that the judgment has become

final. By allowing the claim petition what the learned Subordinate

Judge done was only to reiterate the findings in issue No.1 in the

judgment. The appeal fails and the same will stand dismissed. No

costs.

srd                                     PIUS C.KURIAKOSE, JUDGE