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2026 Supreme(Online)(Ker) 2250

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ALEX.M.ALEX – Appellant
Versus
THE SUB REGISTRAR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.S.HARIKUMAR, SRI.P.B.SAHASRANAMAN
For the Respondents: SRI. K.M. FAISAL

Table of Content
1. court orders removal of wrongful attachment. (Para 4)

JUDGMENT

(Dated this the 8th day of January 2026)

Petitioners are the absolute owners and in possession of

10.12 Ares, 7.90 Ares, 12.26 Ares and 12 Ares of land comprised in R.sy.No. 421 of Vattappara village, Nedumangad Taluk, Thiruvananthapuram district. A suit as O.S. No.35 of 2016 was filed by one Udayakumar against one P.C.John for recovery of ₹50 lakhs on the basis of an agreement of sale. In the plaint, two sets of properties were scheduled. The property belonging to the defendant and his son was described as A schedule, and the property belonging to the petitioners was described as B schedule. The petitioners were not parties to the suit.

2. The plaintiff in the suit filed I.A. No.870 of 2016 seeking attachment before judgment, and the Sub court, Neyyattinkara, by order dated 7.9.2016, allowed conditional attachment of plaint A schedule property, as evidenced by Ext.P2. The first respondent acting on the attachment order, entered the properties of the petitioners in Book No.1 and the indexes maintained under the Registration Act without noting that there is no attachment in respect of plaint B schedule.

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