JUDGMENT

The first respondent herein instituted O.S.No.129 of 2002 on the file of the Court of the Subordinate Judge of Palakkad joining respondents 2 and 3 as defendants 1 and 2. In the suit which was instituted on 8.4.2002, the first respondent prayed for a decree against the defendants personally against the defendants and their assets for the sum of Rs.8,26,154/-being the amount due as on the date of plaint together with interest thereon at 19.38% per annum. The suit was instituted for realisation of the amount due under a loan transaction which was secured by mortgage by deposit of title deeds in respect of two items of properties situate in Chittoor Taluk, Palakkad District. Along with the plaint, the first respondent/plaintiff filed I.A.No.883 of 2002 to attach the 1/3rd share of the first defendant in two items of immovable properties situate in Palakkad Taluk, Palakkad District and on that application the trial court passed the following order on 11.4.2002:

Heard the petitioner's counsel. Perused the documents, plaint and affidavit. I am prima facie satisfied of the averments in the affidavit. Hence the first respondent is directed to furnish security for Rs.10.lakhs within