Remanded

Abbas K.P. v. Ramesh

Kerala HC18 Dec 2018OP(C)/2591/2018

Case brief

AI extract

What is this about?

The High Court set aside the lower court's order dismissing an application for attachment before judgment. It held that the lower court erred in not considering the purpose of the application to prevent asset alienation that would defeat the decree. The matter was remanded for fresh consideration.

What did the court decide?

Impugned order set aside; court directed to reconsider I.A. No.872/2018 and pass fresh orders; interim injunction continues.

Abbas K.P. Vs Ramesh — Execution and Attachment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE SATHISH NINAN

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TUESDAY, THE 18TH DAY OF DECEMBER 2018/27TH AGRAHAYANA, 1940

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O.P.(C)No.2591 of 2018

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(AGAINST THE ORDER DATED 7.9.2018 IN I.A.No.872/2018 IN O.S.No.60/2018 OF SUB COURT, TIRUR)

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PETITIONER:

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ABBAS K.P., AGED 51 YEARS, S/O MUHAMMED, KARAPARAMBIL HOUSE, VALANCHEERY P.O, KATTIPARUTHY, THIRUR TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENT:

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RAMESH, AGED 57 YEARS, S/O GOPALAN, ATHIRA HOUSE, KOLAMANGALAM DESOM, VALANCHEERY P.O., KATTIPARUTHY, THIRUR TALUK, MALAPPURAM - 676 552. BY ADV. SRI.K.RAKESH

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P.(C)No.2591 of 2018

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JUDGMENT

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Aggrieved by the dismissal of an application seeking attachment before judgment, the plaintiff has approached this court.

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2. The suit is one for realisation of

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money. Along with the suit, the plaintiff moved an application as I.A.No.872/2018 for attachment of the immovable properties of the defendant. As per the impugned order, the court below dismissed the application stating that there is no averment in the petition to the effect that the respondent is about to dispose of the property in question.

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3. The court below did not take note of the very purpose of the filing of an application for attachment. The plaintiff has approached the court raising a claim against the defendant on paying the necessary court fee. If ultimately he gets a decree, but the assets of the defendant

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O.P.(C)No.2591 of 2018

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are alienated in the mean while it would be defeating the purpose of the lis. The decree that may ultimately be passed in the suit shall not be permitted to be defeated by the conduct of the defendant. The very purpose behind incorporating the provision for attachment for judgment was omitted to be taken note by the court below.

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In the result, the impugned order is set aside. The court below is directed to reconsider I.A.No.872/2018 and pass fresh orders thereof. The petitioner shall be permitted to file an additional affidavit, if he desires for the same. In the meanwhile, the interim order of injunction granted by this court, shall continue

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till the disposal of the I.A.

Sd/-

SATHISH NINAN

JUDGE

O.P.(C)No.2591 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY SUB COURT,	OF THE PLAINT IN TIRUR.	OS NO.60/201	8 OF
EXHIBIT P2	TRUE COPY RESPONDENT	OF THE AGREEMENT DATED 17.1.2018.	EXECUTED BY	THE
EXHIBIT P3	TRUE COPY	OF THE AGREEMENT D	ATED 22.3.201	8.
EXHIBIT P4	TRUE COPY	OF THE CHEQUE	ISSUED BY	THE
	RESPONDENT RS.10,60,0	DATED 5 00/-.	.7.2018	FOR
EXHIBIT P5	TRUE COPY	OF MEMO DATED 9.7.	2018.
EXHIBIT P6	TRUE COPY PETITIONER	OF THE LAWYER DATED 25.7.2018.	NOTICE OF	THE
EXHIBIT P7	TRUE COPY RESPONDENT	OF THE REPLY .	NOTICE OF	THE
EXHIBIT P8	TRUE COPY	OF I.A.NO.872/2018	.
EXHIBIT P9	TRUE COPY RESPONDENT	OF OBJECTION TO EXT.P8 PETITIO	FILED BY N.	THE
EXHIBIT P10	TRUE COPY TIRUR IN DATED 7.9.	OF THE ORDER OF I.A.NO.872/2018 I 2018.	THE SUB CO N O.S.NO.60/	URT, 2018

Abbas K.P. v. Ramesh

Case brief

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Abbas K.P. v. Ramesh

Case brief

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