The High Court of Kerala dismissed an appeal filed by defendants against an order of attachment before judgment. The court did not interfere with the impugned order but directed the Principal Sub Court to dispose of the suit within three months. AFAO. 65 OF 2019.
FaO dismissed; directions to dispose suit within three months.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA,
1944
FAO NO. 65 OF 2019
AGAINST THE ORDER DATED 20.02.2019 IN I.A. NO.15 OF 2019 IN OS 1/2019 OF PRINCIPAL SUB COURT / COMMERCIAL COURT,
ERNAKULAM
APPELLANTS/RESPONDENTS 1,3 AND 4/ DEFENDANTS 1,3 AND 4:
BY ADV SRI.L.RAJESH NARAYAN
RESPONDENT/PETITIONER/PLAINTIFF:
PRADEEP P.V., AGED 52 YEARS, SON OF VELAYUDHAN, PATTICHANTHODI HOUSE, EDATHARA POST, PALAKKAD - 678 611.
BY ADV PEEYUS.A.KOTTAM (BY ORDER)
THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 15.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
FAO NO. 65 OF 2019
..2..
J U D G M E N T
A. Muhamed Mustaque, J
This appeal was filed by the defendants in O.S No.1 of 2019 on the file of the Principal Subordinate Judge, Ernakulam, aggrieved by an
order of attachment before the judgment. The order in question was passed as early as on 20.02.2019. A detailed order has been passed in
this matter stating out the reasons for granting such discretionary relief. We are sure that the suit is ripe for trial.
In such circumstances, it is appropriate that the Principal Sub Court, Ernakulam shall dispose the suit within a period of three months. Hence, we are not interfering with the impugned order. This FAO is dismissed with the above observations and directions.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/SHOBA ANNAMMA EAPEN,JUDGE
PR
2 issues framed by the court
Whether the High Court should interfere with the order of attachment before judgment passed by the Principal Sub Court.
Whether appropriate directions for speedy disposal of the suit can be issued.
C.K. Vijayan & Ors.
Pradeep P.V.
A. Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
