IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 5TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
OP(C).No.1424 OF 2020
AGAINST THE ORDER IN IA 1/2020 IN OS 32/2020 DATED 24-08-2020 OF
SUB COURT, MAVELIKKARA
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PETITIONER/PLAINTIFF:
PRIYANKA.A
AGED 26 YEARS
D/O. ANILA.B, BHASURA BHAVANAM, GOVINDAMUTTOM P.O.,
KAYAMKULAM VILLAGE, KARTHIKAPPALLY TALUK,
ALAPPUZHA DISTRICT,PIN-690 527
BY ADVS.
SHRI.BIJU ANTONY ALOOR
SRI.K.P.PRASANTH
SHRI.SHAFIN AHAMMED
SRI.VISHNU DILEEP
SMT.ARCHANA SURESH
SMT.T.S.KRISHNENDU
RESPONDENT:
GANGA GOPAN, AGED 52 YEARS,
W/O. GOPAN, MARUTHANATTU, CHERAVALLY,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT,
PIN-690 502
R1 BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
R1 BY ADV. SRI.A.R.DILEEP
R1 BY ADV. SRI.P.J.JOE PAUL
R1 BY ADV. SRI.MANU SRINATH
R1 BY ADV. SRI.RAJAN G. GEORGE
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O.P.(C) No.1424 of 2020
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Dated this the 5th day of January, 2021
JUDGMENT
The dismissal of an application for attachment before judgment of the immovable property of the defendant, is under challenge in this original petition by the plaintiff.
2. Heard Sri.B.A.Aloor, learned counsel for the petitioner and Sri.A.R.Dileep, learned counsel for the respondent.
3. The suit is one for recovery of money. The plaint claim is for an amount of `33,55,700/-. To substantiate the plaint claim, the plaintiff has produced cheques, dishonour memos and agreements. The finding of the trial court that there is no prima facie material in support of the plaint claim is not correct.
4. The plaintiff has averred in the affidavit filed in support of the attachment application that, with an intent to defeat the decree that may be passed in the suit, the defendant is attempting O.P.(C) No.1424 of 2020 -: 2 :- to alienate the property. It has been stated that the plaintiff got the said information through a real-estate broker. Before filing a suit for money and especially when the plaint claim is so huge, it is only natural that before expending huge amounts towards court fee, the plaintiff would make necessary enquiries regarding the assets of the proposed defendant. In the course of such enquiry it is only probable that the plaintiff would have come to know about the attempt of the defendant to sell away properties to defeat the plaint claim. I am unable to agree with the view taken by the trial court that the apprehension of alienation is not proved since the nature of the enquiry and the materials on which the plaintiff formed an opinion that the defendant is making arrangements to dispose of the property is not stated in the affidavit. On the totality of the facts, I am of the opinion that it is only proper that the plaint claim be adequately secured.
5. At the time of admission of this Original Petition, on 24.09.2020, this Court had, while O.P.(C) No.1424 of 2020 -: 3 :- issuing notice to the respondent-defendant restrained the defendant from alienating the property scheduled to the attachment application IA. 1/2020. It would be only just that the said order continues till the disposal of the suit, and it is ordered accordingly. The trial court shall expedite the suit and shall make every endeavour to have the same tried and disposed of as expeditiously as possible.
The original petition is allowed as above.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge OP(C).No.1424 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE AGREEMENT DATED 3.05.2019 ACKNOWLEDGING THE LIABILITY OF RS.9,45,000/- (NINE LAKH AND FORTY FIVE THOUSAND RUPEES ONLY) EXHIBIT P2 THE TRUE COPY OF THE AGREEMENT DATED 6.09.2019 ACKNOWLEDGING THE LIABILITY OF RS.11,45,000/- (ELEVEN LAKH AND FORTY FIVE THOUSAND RUPEES ONLY) EXHIBIT P3 THE TRUE COPY OF THE AGREEMENT DATED 8.11.2019 ACKNOWLEDGING THE LIABILITY OF RS.14,55,000/- (FOURTEEN LAKH AND FIFTY FIVE THOUSAND RUPEES ONLY) EXHIBIT P4 THE TRUE COPY OF THE CHEQUE NUMBER 684368 DRAWN ON CANARA BANK KAYAMKULAM BRANCH PAYABLE ON 30.06.2020 EXHIBIT P5 THE TRUE COPY OF THE CHEQUE NUMBER 684369 DRAWN ON CANARA BANK KAYAMKULAM BRANCH PAYABLE ON 30.06.2020 EXHIBIT P6 THE TRUE COPY OF THE CHEQUE NUMBER 684370 DRAWN ON CANARA BANK KAYAMKULAM BRANCH PAYABLE ON 30.06.2020 EXHIBIT P7 THE TRUE COPY OF THE CHEQUE NUMBER 684371 DRAWN ON CANARA BANK KAYAMKULAM BRANCH PAYABLE ON 30.06.2020 EXHIBIT P8 THE TRUE COPY OF THE PLAINT IN OS NO.321 OF 2020 ON THE FILES OF THE COURT OF THE SUB JUDGE, MAVELIKKARA EXHIBIT P9 THE TRUE COPY OF THE IA NO. 1 OF 2020 IN OS NO.32 OF 2020 ON THE FILES OF THE COURT OF THE SUB JUDGE, MAVELIKKARA EXHIBIT P10 THE TRUE COPY OF THE OBJECTION FILED BY THE DEFENDANT AGAINST IA NO. 1 OF 2020 IN OS NO.32 OF 2020 ON THE FILES OF THE COURT OF THE SUB JUDGE, MAVELIKKARA EXHIBIT P11 THE TRUE COPY OF THE ORDER DATED 9.09.2020 IN IA NO. 1 OF 2020 IN OS NO.32 OF 2020 ON THE FILES OF THE COURT OF THE SUB JUDGE, MAVELIKKARA
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