Lissy v. Tony
Case brief
What is this about?
The High Court at Ernakulam dismissed the petitioner’s Article 227 writ petition. The court held that an order lifting attachment in a claim petition under Order 21 Rule 5 CPC is appealable, not maintainable as a writ under Article 227.
What did the court decide?
The petition under Article 227 of the Constitution of India was dismissed on the ground that the order was appealable.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 9TH DAY OF SEPTEMBER 2016/18TH BHADRA, 1938
OP(C).No. 2265 of 2016 (O)
--------------------------(I.A.NO.2069/2016 IN OS.NO.306/2016 OF ADDL.MUNSIFF COURT, CHERTHALA)
PETITIONER/1ST RESPONDENT/PLAINTIFF:
LISSY, D/O. JOSEPH, ARAKKAPARAMBIL, CHERTHALA NORTH MURI, CHERTHALA NORTH VILLAGE, REP BY SR. ANN TREESA, D/O. CHACKO, MOTHER SUPERIOR, FC CONVENT, WARD I I THANNEERMUKKOM NORTH VILLAGE.
BY ADVS.SRI.V.T.RAGHUNATH SMT.C.V.RAJALAKSHMI
RESPONDENT(S)/THIRD PARTY PETITIONER & 2ND RESPONDENT/DEFENDANT :
1. TONY, S/O. LOOKA, 51 YEARS, KANDATHIPARAMBIL, CHERTHALA NORTH MURI,
Issues for consideration
2 issues framed by the court
Whether the proper remedy against an order lifting conditional attachment under Article 227 of the Constitution of India is an appeal instead.
Whether an order lifting attachment made under Order 21 Rule 5 of the Code of Civil Procedure constitutes an appealable order.
Parties & counsel
- petitioner
Lissy, D/o. Joseph, Arakkaparambil
- respondent
Javaid
Coram
K. Ramakrishnan
Case details
As recorded by the court registry
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