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2021 Supreme(Ker) 200

T.V.ANILKUMAR
Tomy Sebastian, S/o. Mani Devassya – Appellant
Versus
Mini Harikumar, W/o. Harikumar – Respondent


Advocates Appeared:
For the Petitioner: Sri. K.S. Frijo, Sri. S. Hirusheekesan, Sri. Soloman Baby.
For the Respondent: Sri. Biju Abraham.

JUDGMENT :

The plaintiffs in O.S.No.1379/2017 on the file of Third Additional Munsiff, Ernakulam, are the petitioners in this original petition.

2. The sole defendant in the suit offered security for an amount of Rs.5,50,000/- being the principal plaint amount seeking to vacate the conditional order of attachment before judgment passed in the suit. The petitioners objected to acceptance of the security contending that the security offered is not adequate to satisfy the decree that may be passed in the suit, since the suit claim includes 18% of interest per annum also. I.A.No.1/2020 filed by the defendant for an order seeking acceptance of security, was allowed rejecting the objections raised by the plaintiffs.

3. The impugned order dated 15.1.2021 passed in this respect is under challenge in this original petition.

4. I heard the learned counsel for the petitioners as well as the learned counsel for the respondent.

5. The contention of the petitioners is that unless the value of security covers not only the proposed plaint amount but interest also, the plaintiffs/petitioners may not be able to enjoy the decree that may be passed in the suit.

6. The learned counsel for the respondent soug

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