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1995 Supreme(Ker) 423

B.M.THULASIDAS
Ali – Appellant
Versus
Muhammadali – Respondent


ORDER

1. The order on LA. No. 1852 of 1993 in O.S. No. 208 of 1993 of the Sub Court, Tirur is under challenge in this revision. The above petition was filed by. respondents 1 to 3 under Order XXXVIII R.8 and S.151 of the Code of Civil Procedure, in which the revision petitioner was the second respondent. The suit was filed by one Bava Haji, the fourth respondent herein, against the petitioner for recovery of Rs. 67,200/-. He applied by I. A. No. 1776 of 1993 for attachment of lorry KEF 9570, alleging inter alia that it belonged to the petitioner, employed abroad, that he was trying to take it out of the court's jurisdiction and sell it to deprive him of the fruits of the decree. The vehicle was then in the custody of the Judicial Magistrate of the First Class, Tirur in connection with a criminal complaint filed by his father against one Mohanan. The court below passed a prohibitory order under Order XXI R.52. In the affidavit filed in support of I.A. 1852 of 1993, it was stated by respondents 1 to 3 herein that the lorry, which belonged to the revision petitioner, was sold to one Salim on 1-5-1993. The relevant documents, including R.C. Book, were also handed over and necessary appl


































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