IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1591 of 2007(M)
1. SIRAJUDEEN, AGED 55 YEARS,
... Petitioner
Vs
1. SUBASH CHANDRA BOSE, AGED 51 YEARS,
... Respondent
2. SUBRAMANIAN, AGED 42 YEARS,
For Petitioner :SRI.S.SHANAVAS KHAN
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.
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W.P.(C)NO.1591 OF 2007
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DATED THIS THE 15th DAY OF JANUARY, 2007
JUDGMENT
Petitioner is not a party to O.S.333/04 on the file of Musnsiff
Court, Haripad. This petition is filed under Article 227 of Constitution
of India for a direction to Munsiff to dispose of I.A.1712/06 filed in
O.S.333/04. First respondent filed that suit against second respondent
for realisation of the amount due. First respondent filed an application
under Order XXXVIII Rule 5 of Code of Civil Procedure and got the
property attached before judgment. The case of petitioner is that he
filed I.A.1712/06 to lift the order of attachment on 1.1106 and inspite
of repeated requests, learned Munsiff is not passing any order in the
application and therefore necessary direction may be issued to Munsiff
to dispose of I.A.1712/06. If the case of petitioner is that the property
attached belongs to him, the remedy of petitioner is to file a claim
petition. Without filing the claim petition he cannot seek an order
vacating the order, so long as he is not a party to the suit or in the
application where under the order of attachment was passed. What
was attached by the Court is the right of second respondent over the
property. In such circumstances, the remedy of petitioner is to file a
W.P.(c)1591/07 2
claim petition and seek appropriate order from Munsiff Court.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,JUDGE
Acd