This appeal is against the order passed by the vacation civil Judge, Kanyakumari at Nagercoil, dated 25. 1994 in I.A.No.292 of 1994 in O.S.No.188 of 1989 raising the attachment over items 1 and 4 of the suit schedule properties in O.S.No.188 of 1989.

2.The plaintiff in O.S.No.188 of 1989 who has filed the said suit for recovery of Rs.1,07,300, has filed an application in I.A.No.843 of 1989 seeking attachment before judgment of five items of suit properties. Conditional attachment was ordered directing the respondent to furnish security to the tune of Rs.1,25,000. Since the condition was not complied with, attachment was made absolute on 110. 1989 by the Subordinate Judge, Nagercoil. Subsequently the first defendant filed I.A.No.165 of 1994 on 4. 1994 praying to raise the attachment before judg-ment of the suit properties stating that there is a proposal for sale to Tamil Nadu Small Scale Industries Corporation and the vendee has agreed to deposit the money after the sale towards the suit claim. The respondent in the said application viz., the plaintiff has filed a counter and the application stood posted for enquiry on 7. 1994. In the meantime, during summer vacation on 1