The High Court of Kerala continued interim attachment orders restraining transfer of property in pending suits, directed the Sub Court to dispose of the suit within two months, and dismissed the appeals against prior vacating of orders.
Continuation of interim attachment orders; suit to be disposed of within two 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 WEDNESDAY, THE 16TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA,
1944
FAO NO. 9 OF 2017
IA 899/2015 & 560/2016 IN OS 40/2015 OF SUB COURT, TIRUR
APPELLANT/PLAINTIFF:
P.K.C FRUITS, M.M. ALI ROAD, PALAYAM, CALICUT, REPRESENTED BY ITS MANAGING PARTNER, MAJEED K.P., S/O.MOIDEEN, FOUJI VILLA, POOVATTUPARAMBU (PO)., PERUVAYAL AMSOM POOVATTUPARAMBA DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT
BY ADV SRI.JAMSHEED HAFIZ
RESPONDENTS/DEFENDANTS:
FAO NO. 9/2017 & OP(C) 219/2017
..2..
BY ADVS. SRI.S.VIDYASAGAR SMT.AMRIN FATHIMA SRI.BABU KARUKAPADATH SRI.K.M.FAISAL KALAMASSERY SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR SRI.P.U.VINOD KUMAR
THIS FAO HAVING COME UP FOR ADMISSION ON 16.11.2022, ALONG WITH OP(C).219/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
FAO NO. 9/2017 & OP(C) 219/2017
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 16TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA,
1944
OP(C) NO. 219 OF 2017
IA 1446/2015 IN OS 40/2015 OF SUB COURT, TIRUR
PETITIONER/S:
P.K.C.FRUITS
M.M ALI ROAD, PALAYAM, CALICUT.REPRESENTED BY ITS MANAGING PARTNERMANJEED K.P, S/O.MOIDEEN, FOUJI VILLA,POOVATTUPARAMBU (PO), PERUVAYAL AMSOM,POOVATTUPARAMBA DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
BY ADV SRI.JAMSHEED HAFIZ
RESPONDENTS/DEFENDANTS:
FAO NO. 9/2017 & OP(C) 219/2017
..4..
BY ADVS. SRI.S.VIDYASAGAR SMT.AMRIN FATHIMA SMT.AMRIN FATHIMA SRI.BABU KARUKAPADATH SRI.K.M.FAISAL KALAMASSERY SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR SMT.M.A.VAHEEDA BABU SRI.P.U.VINOD KUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2022, ALONG WITH FAO.9/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
FAO NO. 9/2017 & OP(C) 219/2017
..5..
JUDGMENT
A. MUHAMED MUSTAQUE, J.
These matters may not require an adjudication for the simple reason that these are all matters related to a pending suit between the parties before the Sub Court, Tirur.
FAO NO. 9/2017 & OP(C) 219/2017
..6..
maintained in interest of justice as there was
no attempt to vacate those orders for the last five years.
so, the suit shall be disposed of within two months. Till then, the interim order passed in these cases will continue. It is made clear that the interim orders passed will be subject to final orders to be passed in OS No.40/2015 by the Sub Court, Tirur.
The FAO and the OP(C) are disposed of accordingly.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
FAO NO. 9/2017 & OP(C) 219/2017
..7..
APPENDIX OF OP(C) 219/2017
PETITIONER EXHIBITS
| EXHIBIT P1 | A TRUE COPY OF THE O.S.40/2015 BEFORE DATED 03.06.2015. |
PLAINT IN THE SUB COURT TIRUR |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE FILED BY THE 1ST R DEFENDANT DATED 15 |
WRITTEN STATEMENT ESPONDENT/1ST .12.2015. |
| EXHIBIT P3 | A TRUE COPY OF THE OF THE PETITIONER DATED 18.08.2016. |
WRITTEN STATEMENT TO THE COUNTER CLAIM |
| EXHIBIT P4 | A TRUE COPY OF THE O.S.40/2015 BEFORE DATED 10.08.2015. |
I.A.1446/2015 IN THE SUB COURT TIRUR |
| EXHIBIT P5 | A TRUE COPY OF THE 07.12.2016 IN I.A. O.S.40/2015 BEFORE TIRUR. |
ORDER DATED 1446/2015 IN THE SUB COURT |
2 issues framed by the court
Whether pending interim attachment orders in the underlying suit should be continued pending final trial.
Whether the appeals against prior attachment orders should be allowed or dismissed.
P.K.C FRUITS
SHIHABUDHEEN
SAKEER
PARAMBIL IBRAHIM
A.MUHA MUD
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
