JUDGMENT

Dated this the 4th day of March, 2022 In this Original Petition filed under Article 227 of the Constitution of India, the petitioners, who are the plaintiffs in O.S.No.38/2020 on the files of the Sub Court, Pala, are aggrieved by order dated 04.12.2020 in I.A.No.1/2020, whereby the learned Sub Judge attached only item No.4 which is sought to be attached along with item Nos.1 to 5.

2. The learned counsel for the petitioners submitted that item No.3 offered as security to realise the decree likely to be passed in this case is quite insufÏcient to satisfy the decree since the property was purchased for consideration of Rs.22 lakh during the year 2019 .

3. Whereas the learned counsel for the respondents/defendants submitted that a private valuer’s report had been placed before the trail court, showing the value of the entire property to the tune of Rs.1.25 Crore (Rupees One Crore twenty five lakhs only) and the same was acted upon by the court below and thereby excluding other items, item No.4 alone was ordered to be attached.

4. The learned counsel for the respondents/defendants submitted that the defendants are in penury and the first defendant has been suffering from various diseases since all the properties are being the subject matter of this lis, the first defendant is not in a position to deal with any of his property to realise money for his requirement. Therefore, he pressed for realising the other items after upholding the order of the court below. However, the learned counsel fairly conceded further that attachment can be made in respect of item No.3 also in addition to item No.4.

5. Though the learned counsel for the petitioners pressed for ordering attachment in respect of item No.2. Going by the valuation and the nature of inflation in relation to the landed property, I am of the view that item No.3 more can also be attached along with item No.4 and the other properties shall be exempted from attachment, so that the domain of the defendants to deal with the said property shall be kept in tact.

6. Accordingly, the order impugned is modified and it is ordered that item Nos.3 and 4 properties are to be attached for a sum of Rs.92,46,000/- (Rupees Ninety Two Lakh Forty Six Thousand Only). Registry is directed to effect the attachment of item No.3 through the court below and the Registry shall communicate the matter to the SRO, Ramapuram and Village OfÏcer,Vellilappally.

It is submitted by the learned counsel for the respondents that an early disposal of the matter is necessary to address the grievance of the defendants. Therefore, there shall be a direction to the Sub Judge, Pala to expedite disposal of O.S.No.38/2020, at the earliest, at any rate, within a period of six months from the date of receipt of a copy of this judgment.

Registry is directed to forward a copy of this judgment to the court below concerned, within seven days, for information and compliance.

Sd/-

A. BADHARUDEEN JUDGE

nkr

APPENDIX OF OP(C) 121/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S NO. 38/2020 DATED 23-09-2020 ON THE FILES OF THE SUB COURT, PALA Exhibit P2 TRUE COPY OF THE ATTACHMENT PETITION I.A NO. 01/2020 DATED 23-09-2020 IN O.S NO. 38/2020 ON THE FILES OF SUB COURT, PALA Exhibit P3 TRUE COPY OF THE ATTACHMENT SCHEDULE DATED

23-09-2020 FILED ALONG WITH I.A NO. 1/2020 FILED BEFORE SUB COURT, PALA Exhibit P4 TRUE COPY OF THE OBJECTION DATED 28-09-2020 IN I.A NO. 01/2020 IN O.S NO. 38/2020 OF THE SUB COURT, PALA Exhibit P5 TRUE COPY OF THE PETITION I.A NO. 3/2020 DATED 30-09-2020 IN O.S NO. 38/2020 FILED BY THE RESPONDENTS BEFORE THE SUB COURT, PALA Exhibit P6 TRUE COPY OF THE OBJECTION DATED 05-10-2020 FILED BY THE PETITIONERS IN I.A NO. 3/2020 BEFORE THE SUB COURT, PALA Exhibit P7 TRUE COPY OF THE SETTLEMENT DEED NO.

1001/2019 DATED 30-08-2019 OF SRO, RAMAPURAM Exhibit P8 TRUE COPY OF THE VALUATION REPORT DATED

28-09-2020 ISSUED BY THE ARCHITECT AND REGISTERED VALUER Exhibit P9 TRUE COPY OF THE ORDER DATED 04-12-2020 IN I.A