ORAL JUDGMENT

The appeal is filed by the appellant/defendant questioning the order dated 12.04.2021 passed on I.A.No.III filed under Order XXXVIII Rule 5 & 6 read with Section 151 of CPC in O.S.No.223/2020 on the file of III Additional Senior Civil Judge and JMFC, Mangaluru, Dakshina Kannada¹, whereby the schedule properties A, B and C are attached.

2. It is case of the plaintiff that the appellant/defendant is the employee of the plaintiff/ respondent Company. The defendant has appointed as Team Lead - Finance with the salary of Rs.36,020/-. The allegation against the appellant/defendant that he has misappropriate sum of Rs.4,09,29,935/-. Therefore, filed hereinafter referred to as ‘the Trial Court’ for short the suit for mandatory injunction directing the defendant to pay sum of Rs.4,09,29,935/- with the plaintiff company with interest at the rate of 12% p.a., from the date of suit till realization. Also the plaintiff has filed IA No.III under Order XXXVIII Rule 5 & 6 of CPC praying for conditional order of attachment before judgment of movable and immovable properties as shown in scheduled A, B and C before judgment. The trial Court has allowed I.A.No.III by passing order of attac