Kerala High Court
Joffin John vs Exhibit R1A True Copy Of The ... on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
OP(C).No.1741 OF 2020
OS 371/2014 OF SUB COURT,THRISSUR
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PETITIONER:
JOFFIN JOHN,
AGED 34 YEARS
S/O.KOLAGARA JOHNY, AYYANTHOLE VILLAGE,
PUTHURKKARA DESHOM, THRISSUR DISTRICT.
BY ADV. SRI.V.M.KRISHNAKUMAR
RESPONDENS:
1 JOSEPH CHACKO,
AGED 65 YEARS
S/O.LATE CHACKO, PARAYIL HOUSE, POOMALA P.O.,
PARAMBAI, THRISSUR DISTRICT, PIN - 680 581.
2 MARY ABRAHAM
AGED 63 YEARS
W/O.LATE ABRAHAM, KARANIRAPPEL HOUSE, IRUMPAYAM P.O.,
THALAYOLAPPARAMBU, KOTTAYAM, PIN - 686 605.
3 KOCHUTHRESSIA P.C. @ KUNJUMOL JOHN
AGED 58 YEARS
W/O.JOHN M.M., MOOZHIL HOUSE, IRUMPAYAM P.O.,
THALAYOLAPARAMBU, KOTTAYAM, PIN - 686 605.
4 TREESA VARUGHESE
AGED 48 YEARS
W/O.VARUGHESE, PULIYORATH HOUSE, VADAKARA P.O.,
THALAYOLAPPARAMBU, KOTTAYAM, PIN - 686 605.
5 BIBIN JOHN
AGED 32 YEARS
S/O.LATE JOHN, PARAYIL HOUSE, POOMALA P.O., PARAMBAI,
THRISSUR, PIN - 680 581.
OP(C).No.1741 OF 2020 -2-
6 VALSA
AGED 58 YEARS
W/O.LATE JOHN, PARAYIL HOUSE, POOMALA P.O.,
PARAMBAI, THRISSUR, PIN - 680 581.
R1-4 BY ADV. SRI.P.A.AUGUSTIAN
R1-4 BY ADV. SRI.M.A.BABY
R1-2, R5-6 BY ADV. SMT.LINDA.M.J.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O.P.(C) No.1741 of 2020
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Dated this the 28th day of January, 2021
JUDGMENT
The petitioner is the plaintiff in a suit for
recovery of money. He had obtained an order of
conditional attachment before judgment of the
immovable property of the defendants. He is
aggrieved by the order directing lifting of
attachment.
2. The plaint claim is for `12 lakhs with 12%
interest. The defendants sought to have the
attachment lifted on furnishing fixed deposits for
`14,50,000/-. As admitted by the learned counsel on
either sides, if 9% interest is calculated on the
plaint claim, the amount would now be more than `19
lakhs. For having the attachment lifted it is only
proper that the defendants furnishes security for a
further amount of `5 lakhs. True, that this is only
a rough estimation and has nothing to do with the
merits of the plaint claim or the defence or of the
O.P.(C) No.1741 of 2020
ultimate decree to be passed in the suit.
3. Accordingly, the order in IA 9/2020 dated
09.11.2020 will stand modified directing the
defendants to furnish security in the form of bank
guarantee or fixed deposit for a total amount of
`19,50,000/-.
Original petition is ordered as above.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
OP(C).No.1741 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT, O.S.NO.371/2014 OF
THE SUB COURT, THRISSUR.
EXHIBIT P2 TRUE COPY OF THE APPLICATION
I.A.NO.2958/2018.
EXHIBIT P3 TRUE COPY OF THE APPLICATION IA 9 OF 2020.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT REPORTED IN
2016(2) KHC 793.
EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER TO IA 9 OF 2020.
EXHIBIT P6 TRUE COPY OF THE ORDER IN IA 9 OF 2020 DATED
09/11/2020.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1A TRUE COPY OF THE I.A.NO.2190/2019 WITH
AFFIDAVIT.
EXHIBIT R1B TRUE COPY OF THE ORDER DATED 15/07/2019 IN
IA.NO.2190/2019.
EXHIBIT R1C TRUE COPY OF THE FD LIEN NOTE OF
RS.14,50,000/-
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