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2021 Supreme(Ker) 214

T.V.ANILKUMAR
Usha Viswanathan, W/o. Viswanathan Pillai – Appellant
Versus
Pradeep Kumar, S/o. Raveendran Nair – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. A. Jani(Kollam).

JUDGMENT :

The substantial relief sought by the petitioner in this original petition is for issue of a direction to the court below to consider and dispose of Ext.P3 I.A.No.1/2020 filed by her for attachment of respondent's property before judgment in the suit.

2. In the nature of relief sought in the original petition, issue of notice to the respondent was found unnecessary and accordingly dispensed with.

3. The suit was filed by the petitioner for recovery of money from the respondent on 30.11.2020. Ext.P3 application for attachment of property was also filed along with the suit. The court below not being inclined to order conditional attachment, ordered notice to the respondent. By the time when the notice was served on the respondent, he transferred the property and after appearance in the suit, he objected to Ext.P3 and contended that the property was not liable to be attached in as much as he had already parted with the property. Subsequently he remained ex parte in the suit itself.

4. The grievance expressed by the petitioner in this original petition is that the delay and inaction on the part of the court below in passing expeditious orders on Ext.P3, has caused prejudice to th

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