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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
MUHAMMED NOWFAL – Appellant
Versus
BALEECA MARINA INTERNATIONAL (PVT) LTD – Respondent
| Table of Content |
|---|
| 1. challenge to attachment order under cpc. (Para 1 , 3) |
| 2. arguments for modification of attachment. (Para 4 , 6) |
| 3. judicial power to modify orders under cpc rules. (Para 8 , 11) |
| 4. final ruling modifying the attachment order. (Para 12) |
JUDGMENT
This original petition is filed by the petitioners challenging the order dated 05.10.2024 passed by the Additional Sub Judge, Kollam on IA No.3/2024 in OS No.60 of 2024.
2. Heard the learned counsel for the petitioners and the counsel for the respondent Nos.1 & 2. The respondent Nos.1 & 2 objected the petition.
3. The case of the petitioners before the trial Court is that the respondent Nos.1 & 2 herein filed an application under Order 38 Rule 5 of the Code of Civil Procedure, 1908 and obtained the order on IA No.1 of 2024 in OS No.60 of 2024 wherein, the trial Court attached the Item No.2 schedule property by lifting the attachment of item No.1 by order dated 24.07.2024. Subsequently, the defendants said to be the borrower moved an application I.A No.3 of 2024 for seeking modification of the order by filing application under Order 38 Rule 6 (2) of the for seeking modification, wherein, the trial Court dismissed the applicat
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