Kerala High Court
A.Shareef vs A.Shareef on 22 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
FAO.No.12 OF 2020
AGAINST THE ORDER DATED 19.10.2019 IN IA 4272/2018 IN OS
230/2018 ON THE FILES OF III ADDITIONAL SUB COURT, ERNAKULAM
APPELLANTS/RESPONDENTS 3 TO 11:
1 A.SHAREEF
AGED 58 YEARS
S/O. SRI. VELUTHEDATH AHAMMED, RESIDING AT DARUL
FATHH, MASJID ROAD, KALOOR P O, KOCHI-682017.
2 HASEEB A
AGED 56 YEARS
S/O. SRI ABDULLA, NOW RESIDING AT ADIYALATH
HOUSE, SIRAJ NAGAR, ASOKAPURAM P O, PIN-683101.
3 P C USMAN
AGED 48 YEARS
S/O. SRI ALI, NOW RESIDING AT P C MANZIL,
SOUHRIDA LANE, DESHABHIMANI ROAD,
KALOOR, KOCHI-682017.
4 ABDUL HAKEEM
AGED 58 YEARS
SON OF SRI. AHMED, RESIDING AT CHAMBOKADAVIL
HOUSE, EDAPPALLY P O, PIN-682024.
5 K.A. YUNAS,
AGED 75 YEARS
SON OF SRI. ABDULLAH, RESIDING AT PAREPARAMB
HOUSE, MASJID ROAD, KALOOR P O, KOCHI-682017.
F.A.O.No.12 of 2020
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6 MARZOOK
AGED 59 YEARS
SON OF AHAMED HAJI, MARIYAS HOUSE, 43/2582, SRM
ROAD, PEEDIEKKAL LANE, ERNAKULAM NORTH P O,
PIN-682018.
7 K. NISAR ALIAS NISAR KOTTARATH
AGED 56 YEARS
SON OF SRI AHAMMED, RESIDING AT 'MINA',
THOTTATHIL HOUSE, PERINGADI P O, PIN-673312.
8 ISMAIL
AGED 65 YEARS
SON OF SRI HASSAN, RESIDING AT KIZHAKKE
THAIVELIKKAKAM, VATTAYAL, THIRUVAMBADI P O,
PIN-688002,
9 UVAIS, AGED 27 YEARS
SON OF SRI.AHAMMED SHEREEF, RESIDING AT DARUL
FATHH, MASJID ROAD, KALOOR,KOCHI-682017.
APPELLANTS 1, 2 AND 4 TO 9 REPRESENTED BY THEIR
POER ATTORNEY HOLDER THE 3RD APPELLANT MR. P C
USMAN, AGED 48 YEARS, SON OF SRI ALI, ORIGINALLY
RESIDING AT PALLIKKACHALIL, KANHIRODE P O,
KANNUR-670952, AND NOW AT CLASSIC LEATHERS,
SHANMUGHAM ROAD P O, KOCHI-682031.
BY ADVS.
SRI.ANIL S.RAJ
SMT.K.N.RAJANI
SRI.RADHIKA RAJASEKHARAN P.
SMT.ANILA PETER
SRI.S.SUDHEESH
SRI.SAJEN THAMPAN
RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2:
1 P.J.JOSE
S/O. JOSEPH, PARAMBATHUSSERY HOUSE, MARY MATHA
ROAD, VAZHAKKALA, VAZHAKKALA P O, KOCHI-682021.
F.A.O.No.12 of 2020
:-3-:
2 M/S. CORAL SHELTERS AND BUILDERS PVT LTD
HAVING ITS CORPORATE OFFICE AT 36/1842, NH 47
BYPASS, VENNALA P O, KOCHI-682028, REPRESENTED
BY ITS MANAGING DIRECTOR, MR.SUNIL K SREEDHAR.
3 SUNIL K SREEDHAR,
S/O.K.K. SREEDHARA, MANAGING DIRECTOR,
M/S. CORAL SHELTERS AND BUILDERS PVT LTD, HAVING
ITS CORPORATE OFFICE AT 36/1842, NH 47 BYEPASS,
VENNALA P O, KOCHI-682028.
R1 BY ADV. SRI.TOM K.THOMAS
THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD
ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
F.A.O.No.12 of 2020
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Dated this the 22nd day of January, 2021
J U D G M E N T
A.HARIPRASAD, J.
Heard the learned counsel for the
appellants and the respondents.
2. Aggrieved by the order passed by the court
of Subordinate Judge, Ernakulam, on
I.A.No.4272/2018 in O.S.No.230/2018, the defendants
3 to 11 (who are respondents 3 to 11 in the
application) have come up in appeal. The case of
the first respondent is that as per the terms of
the agreement and work order issued by the second
respondent, he carried out the construction work of
a building. Huge sums are outstanding, according to
him. Therefore, the plaintiff sought an attachment
of property pending the suit. The order of
conditional attachment passed was lifted after
hearing the appellants. Against that order,
F.A.O.No.12 of 2020
:-5-:
F.A.O.No.137/2019 was preferred before this court.
Vide judgment dated 20.08.2019, this Court issued
the following directions ;
"Consequently, the appeals are allowed. The impugned orders
passed by the court below in I.A.No.4272/2018 in
I.A.No.193/2019 are set aside. The application I.A.No.193/2019
is dismissed. The application I.A.No.4272/2018 is remanded to
the court below for fresh consideration and disposal after
hearing the parties. Before considering the application, the court
below shall give an opportunity to the plaintiff to file additional
affidavit and/or to take steps for amendment of the application
for attachment. If any such additional affidavit is filed or
application for amendment is allowed, defendants 3 to 11 shall be
given an opportunity to file additional counter statement/counter
affidavit. The parties shall appear before the court below on
02.09.2019. The court below shall dispose of the application
I.A.No.4272/2018 within a period of one month from that date.
As an interim arrangement, we direct that defendants 3 to 11
shall not further alienate any apartment till the disposal of the
application I.A.No.4272/2018 by the court below. If any fresh
order of attachment is passed by the court below in
I.A.No.4272/2018, respondent No.12 is at liberty to file fresh
F.A.O.No.12 of 2020
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application under Order XXXVIII Rule 8 of the Code. No costs in
the appeals."
Thereafter, the learned Sub Judge passed the
impugned order.
3. Learned counsel submitted that the
appellants are unable to complete the building
because of the order of attachment passed by the
court below. In fact, they are not able to get even
a renewal of the building permit on account of the
impugned order. Learned counsel for the
respondents/plaintiffs would submit that they are
also interested in getting the money claimed in the
suit. Considering the rival contentions, we are of
the view, in the interest of justice that the
dispute between the parties should be brought to a
quietus by disposal of the suit.
Therefore, we direct the learned Sub Judge,
Ernakulam, to dispose of O.S.No.230/2018
untrammelled by any of the observations made in the
F.A.O.No.12 of 2020
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impugned order and the parties shall co-operate for
an early disposal of the case before 30.06.2021. It
is made clear that the order of attachment will not
stand in the way of the appellants securing any
licence or permit for construction of the building.
All pending interlocutory applications are
closed.
Sd/-
A.HARIPRASAD
JUDGE
Sd/-
T.V.ANILKUMAR
JUDGE
ami/
