Pushpa Thankam vs Shiju S
2022 Latest Caselaw 870 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
 FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
                    OP(C) NO. 124 OF 2022
I.A.NO.1/2020 IN O.S.NO.181/2020 OF PRINCIPAL SUB COURT,
                      THIRUVANANTHAPURAM
PETITIONER/DEFENDANT/RESPONDENT :

         PUSHPA THANKAM
         AGED 60 YEARS, W/O.P.THANKAM,
         VICTORY, T.C.47/1215, (TC20/839(6)
         HOUSE NO. 52, SOORYA NAGAR,
         KARAMANA P.O, THIRUVANANTHAPURAM,
         PIN-695002.
         THIRUVANANTHAPURAM, PIN - 695002
         BY ADVS.
         JELSON J.EDAMPADAM
         M.FATHAHUDEEN


RESPONDENT/PLAINTIFF/PETITIONER:

         SHIJU S.
         AGED 41 YEARS, S/O.STEPHEN,
         VICTORY, T.C.47/1215, (TC20/839(6)
         HOUSE NO. 52, SOORYA NAGAR
         KARAMANA P.O,
         THIRUVANANTHAPURAM, PIN - 695002

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(C)No.124 of 2022                       ..2..




                           A.BADHARUDEEN, J.

           ------------------------------------------------------------
                          O.P.(C)No.124 of 2022
           ------------------------------------------------------------
              Dated this the 21st day of January, 2022

                              JUDGMENT

Ext.P5 order of conditional attachment passed by the

vacation court in I.A.No.1 of 2020 in O.S.No.181 of 2020 on the file

of the Principal Sub Court, Thiruvananthapuram, is under challenge

in this original petition filed under Article 227 of the Constitution of

India.

2. Heard the learned counsel for the petitioner.

3. The learned counsel for the petitioner submitted

that this order was passed after filing detailed objection on the

side of the defendant/respondent without giving an opportunity of

hearing. It is submitted that the petitioner herein, who is the

defendant/respondent in the above suit, raised valid contention to

defeat the attachment sought for.

4. I have gone through Ext.P5 order. It appears that

the same is a conditional attachment order. In a case like this O.P.(C)No.124 of 2022 ..3..

where, the defendant/respondent filed objection a conditional

order of attachment of the nature now produced should not have

been passed without hearing the other side. But I am not inclined

to interfere with the impugned order.

Therefore, I am inclined to direct the learned Sub Judge

to hear the petitioner and respondent in this matter and pass

orders on merits after hearing both sides. The learned Sub Judge

is directed to hear and dispose of I.A.No.1 of 2020 in O.S.No.181 of

2020 on the file of the Principal Sub Court, Thiruvananthapuram at

the earliest, at any rate, within a period of two weeks from the

date of production or receipt of a copy of this judgment.

Sd/-

                                           A.BADHARUDEEN, JUDGE
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 O.P.(C)No.124 of 2022                  ..4..




                        APPENDIX OF OP(C) 124/2022

PETITIONER EXHIBITS
Exhibit P1                TRUE COPY OF THE PLAINT IN O.S. NO.
                          181/2020 ON THE FILE OF SUB COURT,
                          THIRUVANANTHAPURAM
Exhibit P2                TRUE COPY OF THE I.A. NO. 1/2020 IN O.S.
                          NO. 181/2020
Exhibit P3                TRUE COPY OF THE OBJECTION FILED BY THE

PETITIONER, WITHOUT ITS ANNEXURES.

Exhibit P4 TRUE COPY OF THE I.A. DATED 20.04.2021 FILED BY THE RESPONDENT TO CALL THE SUIT IN THE VACATION COURT Exhibit P5 TRUE COPY OF THE ORDER IN I.A. NO. 1/2020 IN O.S. NO. 181/2020 OF THE PRINCIPAL SUB COURT THIRUVANANTHAPURAM DATED 11.05.2021 Exhibit P6 TRUE COPY OF THE CASE STATUS OF O.S. NO.

181/2020 DOWNLOADED FROM THE E-COURTS WEBSITE