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2009 Supreme(Ker) 452

S.S.SATHEESACHANDRAN
Thomas – Appellant
Versus
Thahira Beevi – Respondent


Advocates Appeared:For the Petitioners:D. Kishore, Advocate. For the Respondents: ---

Judgment :

The Writ Petition is filed under Article 227 of the Constitution of India seeking the following reliefs:

(1) To call for the records leading to the passing of Ext.P4 and quash the same.

(2) Grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice.

2. Petitioner is the plaintiff in O.S.No.112/08 on the file of the Sub Court, Nedumangadu. Suit was one for money based on a promissory note. Respondent is the defendant in the suit. Ext.P1 is the copy of the plaint. With the suit, the plaintiff moved an application for attachment before judgment of an immovable property belonging to the defendant. Ext.P2 is the copy of the application moved under Order 38 Rule 5 and Section 151 of the C.P.C. for interim attachment before judgment. In that application,an interim order of attachment was passed by the learned Sub Judge. On appearance of the defendant and after considering the objections raised, attachment was made absolute. Ext.P3 is copy of the order passed by the learned Sub Judge making the interim attachment order absolute. The defendant preferred an appeal before the District Court, Trivandrum impeaching the correctness of Ext.P3







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