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2018 Supreme(Online)(KER) 17471

HIGH COURT OF KERALA
A.HARIPRASAD, J
ALEX THOMAS – Appellant
Versus
BERNARD MANUEL @ ROY    Advocate - BECHU KURIAN THOMAS (SR ), ,BECHU KURIAN THOMAS (SR ),LEO LUKOSE,RONY JOSE – Respondent


J U D G M E N T

Heard the learned counsel for the appellant and contesting respondents.

2. Appellant is challenging an order passed by the trial court on an Interlocutory Application in a suit filed for recovery of 4250 Kgs of cardamom berries or in the alternative, its value. Along with the suit, an application under Order 38 Rule 5 of the Code of Civil Procedure was filed for attachment of the cardamom berries involved in this case. The cardamom berries are in the possession of a garnishee. Learned Subordinate Judge, Thodupuzha, on I.A. No. 799 of 2017 in O.S. No.35 of 2017, passed an order granting a conditional order of attachment initially and it was made absolute, after hearing both the parties.

3. Grievance of the appellant is that the stock in trade is kept in a godown, its value is getting depreciated and therefore, he offered to furnish immovable property as security for lifting the attachment. On the other hand, learned senior counsel appearing for the contesting respondents/plaintiffs would contend that the property belonging to the appellant is having other liabilities too, to their information, and therefore, the attachment can be lifted only on furnishing a bank guarant

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