HIGH COURT OF KERALA
Kauser Edappagath, J
DR SUYAMBU P – Appellant
Versus
A.I POTHEN – Respondent
Ext.P9 order passed by the Sub Court, Pathanamthitta (for short 'the trial court') in a petition filed under Order XXXVIII Rule 9 of the Code of Civil Procedure (for short the CPC) is under challenge in this original petition.
2. The petitioners are the defendants 1 and 2 and the respondents are the plaintiffs and the other defendants in O.S.No.1/2023 on the files of the trial court. The defendants are the trustees of the PSN Educational and Charitable Trust. The suit was one for realisation of a sum of ₹17,73,90,179/-. Along with the plaint, the plaintiffs filed I.A.No.1/2023 under Order XXXVIII Rule 5 of the CPC to attach the petition schedule property belonging to the Trust. The trial court passed an order under Order XXXVIII Rule 5 and directed the defendants to furnish security for the sum of ₹17,73,90,179/- or to show cause why they shall not furnish security. A conditional order of attachment was also issued and the attachment was effected.
Thereafter, the petitioners herein filed application under Order XXXVIII Rule 9 of the CPC to withdraw the attachment furnishing bank guarantee for ₹17,73,90,179/- issued by the Indian Bank, Thirunelveli Branch. The petitioners a
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