Kerala High Court
Geevarghese Chacko vs Sri. Santhosh Chandrakurup on 7 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943
OP(C).No.994 OF 2021
AGAINST THE ORDER IN OS 131/2019 DATED 07-04-2021 OF MUNSIFF
COURT,HARIPAD
PETITIONERS/PETITIONERS/DEFENANTS :
1 GEEVARGHESE CHACKO,AGED 55 YEARS
TAHNNIKULATH PUTHENKANDATHIL HOUSE, KARUVATTA P.O,
ALAPPUZHA DISTRICT, PIN-690 517
2 SMT. SUJA JOY, AGED 48 YEARS
TAHNNIKULATH PUTHENKANDATHIL HOUSE, KARUVATTA P.O,
ALAPPUZHA DISTRICT, PIN-690 517
BY ADVS.
SRI.JOHN K.GEORGE
SHRI.RAJESH KUMAR R.
RESPONDENT/RESPONDENT/PLAINTIFF:
SRI. SANTHOSH CHANDRAKURUP,
AGED 48 YEARS
CHAKKON HOUSE, KARUVATTA P.O, ALAPPUZHA DISTRICT.
R1 BY ADV. SRI.RENJITH B.MARAR
R1 BY ADV. SMT.LAKSHMI.N.KAIMAL
R1 BY ADV. SHRI.ARUN POOMULLI
R1 BY ADV. SHRI.BIJU VIGNESWAR
R1 BY ADV. SMT.MEERA M.
R1 BY ADV. SMT.SURABHI SANTHOSH
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07.05.2021, ALONG
WITH OP(C).996/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C).No.994 & 996 OF 2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943
OP(C).No.996 OF 2021
AGAINST THE ORDER IN OS 297/2019 OF MUNSIFF COURT,HARIPAD
PETITIONER/PETITIONER/DEFENDANT:
GEEVARGHESE CHACKO, AGED 55 YEARS
TAHNNIKULATH PUTHENKANDATHIL HOUSE,
KARUVATTA P.O., ALAPUZHA DISTRICT, PIN-690 517.
BY ADVS.
SRI.JOHN K.GEORGE
SRI.M.A.PRABHU
SHRI.RAJESH KUMAR R.
RESPONDENT/RESPONDENT/PLAINTIFF:
LATHA, AGED 49 YEARS
W/O.VIJAYAKUMAR, KAPPLASSERIL MADATHIL HOUSE,
KARUVATTA P.O., ALAPUZHA DISTRICT-690 517.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07.05.2021,
ALONG WITH OP(C).994/2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(C).No.994 & 996 OF 2021 3
JUDGMENT
[ OP(C).994/2021, OP(C).996/2021 ]
Dated this the 7th day of May 2021
These Original Petitions have been filed projecting the
common grievance that despite producing sufficient security as
ordered by the Court while ordering attachment before judgment,
the attachment over the properties in question have not been
lifted. It is the case of the petitioner in both these cases that the
non-lifting of the attachment over the properties in question is
causing him serious prejudice.
2. I have heard the learned counsel who have entered
appearance in these matters for the respective respondents.
Sri.Renjith B. Marar appears for the respondent in O.P(C). No.994
of 2021 whereas Sri. Sanal Kumar appears for the respondent in
O.P.(C). No.996 of 2021. Sri. Sanal kumar submits that, he has
not yet filed a vakkalath in this matter and he is appearing on the
basis of telephonic instructions from his counterpart in the trial
court.
3. It is the submission of both sides that O.S. No.131 of
2019 on the file of the Munsiff's Court, Haripad is listed for
consideration on 17.05.2021 while O.S. No.297/2019 before the
same court is listed for consideration on 15.07.2021. Considering
the issues projected in both these cases, I am of the opinion that
O.S. No.297/2019 which is now listed on 15.07.2021 can be
advanced to be listed on 17.05.2021 to be considered alongwith
O.S. No.131/2019. On a consideration of both these matters on
17.05.2021, if the learned Munsiff is satisfied that the security
ordered to be offered has been offered by the petitioner, then the
attachment before judgment ordered on immovable properties of
the petitioner in both the cases shall be lifted by passing
appropriate orders.
With the aforesaid directions, these Original Petitions will
stand disposed of.
Sd/-
GOPINATH P.
ajt JUDGE
APPENDIX OF OP(C) 994/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SUMMONS/ORDER IN I.A.
NO. 915/19 DATED 10.06.21 SERVED ON THE
PETITIONERS BY THE AMIN OF THE COURT.
EXHIBIT P2 A TRUE COPY OF THE AFFIDAVIT WITH PETITION
DATED 30.03.2021 AND THE F.D. RECEIPT.
EXHIBIT P3 A TRUE COPY OF THE ORDER/PROCEEDINGS DATED
7.4.2021 PASSED BY THE MUNSIFF COURT,
HARIPAD.
APPENDIX OF OP(C) 996/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER IN IA NO.1899/19
IN OS NO.297/2019 OF MUNSIFF COURT, HARIPAD
IN OS NO.279/2019.
EXHIBIT P2 A TRUE COPY OF THE AFFIDAVIT WITH PETITION
IA NO.3/21 ALONG WITH COPY OF F.D.
EXHIBIT P3 A TRUE COPY OF THE ORDER/PROCEEDINGS IN IA
NO.3/21 IN OS NO.279/19 OF MUNSIFF COURT,
HARIPAD.
