The Court dismissed a Civil Revision Petition filed against an order enforcing attachment before judgment. It held that the impugned order was appealable under Order XLIII Rule 1(q), rendering the revision under Section 115 CPC non-maintainable.
The Civil Revision Petition is dismissed; rights to prefer a first appeal remain intact.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
FRIDAY, THE 9TH DAY OF NOVEMBER 2012/18TH KARTHIKA 1934
CRP.No. 478 of 2012 ()
IA.NO.2199/2012 & I.A.NO.5098/2012 IN OS.408/2011 of II ADDL.SUB COURT,ERNAKULAM
REVISION PETITIONER(S)/RESPONDENT/DEFENDANT:
DR.ABDUL KAREEM,S/O.MUHAMMED, MEDICAL PRACTITIONER, PAZHERIYIL HOUSE, HOUSE NO.1/3742-B, BILATHIKULAM, NADAKKAVU P.O., CALICUT.
BY ADVS.SRI.K.RAVEENDRAN SRI.P.T.RADHAKRISHNAN
RESPONDENT(S)/PETITIONER/PLAINTIFF:
K.N.PADMANABHA KURUP, S/O.LATE KRISHNAN NAIR, EDODI HOUSE (45/853), KOCHANATH LANE, PALARIVATTOM P.O., KOCHI-682 025, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SURESH BABU ALANCOT, AGED 50 YEARS, S/O.LATE SANKARAN NAIR, JAGADISH N0.22, 6TH G.CROSS, MATHA KRIPA NILAYA, C.V.NAGAR P.O., BANGALORE-560 093.
BY
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09-11-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRP.NO.478/2012
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEX A | COPY OF THE ORDER IN CRP.297/2012 DATED 23/7/2012 OF THIS HONOURABLE COURT |
|---|---|
| ANNEX B | COPY OF THE PETITION FOR ATTACHMENT FILED BY THE RESPONDENT IN I.A.NO.2199 OF 2012 |
| ANNEX C | COPY OF THE PETITION FOR AMENDMENT OF THE PETITION FOR ATTACHMENT |
| ANNEX D | COPY OF THE COUNTER AFFIDAVIT OF THE PETITIONER DATED 19/5/2012 |
| ANNEX E | COPY OF THE ADDITIONAL COUNTER AFFIDAVIT OF THE PETITIONER IN I.A. IN O.S.NO.408/2011 DATED 30/7/12 |
| ANNEX F | COPY OF THE COUNTER AFFIDAVIT OF THE PETITIONER TO THE PETITION FOR AMENDMENT |
| ANNEX G | COPY OF THE ADDITIONAL LIST OF DOCUMENTS PRODUCED BY THE RESPONDENT SERVING IT WITHOUT COPY OF THE DOCUMENTS |
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.A.TO.JUDGE
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V.CHITAMBARESH,J.
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C.R.P No.478 of 2012
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Dated this the 9th day of November, 2012
O R D E R
The conditional order of attachment before judgment earlier passed was made absolute by the order impugned . The order is one passed under Rule 6 of Order XXXVIII which is appealable under Order XLIII Rule 1 (q) of the Code of Civil Procedure. The Civil Revision Petition under Section 115 of the Code of Civil Procedure is not maintainable.
The Civil Revision Petition is dismissed without prejudice to the right of the petitioner to prefer a first appeal against order . The Registry is directed to return the original of the orders impugned.
V.CHITAMBARESH. JUDGE
smm
2
3
2 issues framed by the court
Whether a Civil Revision Petition under Section 115 CPC is maintainable against an appealable order under Order XLIII Rule 1(q) CPC regarding enforcement of an attachment?
Whether the impugned order made the conditional attachment before judgment absolute?
3 provisions across 1 enactments
Dr. Abdul Kareem
K.N. Padmanabha Kurup
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
