Sajimon. V.P vs Satheeshsaji
2022 Latest Caselaw 2485 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
           Friday, the 4th day of March 2022 / 13th Phalguna, 1943
                    IA.NO.1/2021 IN MACA NO. 2988 OF 2021
         OP(M.V) 139/2018 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA.
APPELLANTS/PETITIONERS

  1. SAJIMON. V.P., S/O. THANKAPPAN, VALIYAPURACKAL HOUSE, KOSADY KARA,
     MADUKA P.O, KORUTHODU VILLAGE, PIN-686 513.
  2. VIJAYAKUMARI, W/O SAJIMON V.P, VALIYAPURACKAL HOUSE, KOSADY KARA,
     MADUKA P.O, KORUTHODU VILLAGE, PIN-686 513.

RESPONDENTS/RESPONDENTS

  1. SATHEESHSAJI, S/O. SAJI, AYINAMPALLIL HOUSE, KORUTHODU P.O.,
     KORUTHODU VILLAGE, MUNDAKAYAM, KOTTAYAM, PIN-686 513.
  2. JACOB. S/O. ALEXANDER, PANACHIMOOTTIL HOUSE, VANDANPATHAL P.O,
     ERUMELY VADAKKU VILLAGE, KANJIRAPPALLY TALUK.PIN-686 513.
  3. ROY K PAULOSE, S/O. PAULOSE, KIZHAKKEKARAYIL HOUSE, KORUTHODU P.O,
     KUZHIMAVU, PIN-686 513.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order of
attachment before judgment against the properties scheduled hereunder,
pending disposal of the above appeal, to meet the ends of justice.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.P.C.HARIDAS, Advocate for the applicants, the Court passed the
following:


                                                                 p.t.o
                         C.S.DIAS,J.
         =================
               M.A.C.A.No.2988 of 2021
         ------------------------------------
             Dated this the 4th day of March, 2022

                          ORDER

I.A. No.1/2022

Heard.

As notice to the respondents were sent by

registered post with acknowledgment due and the

acknowledgment card has not returned, service of

notice are declared complete.

M.A.C.A.

Admitted.

I.A.No.1/2021

The application is filed to order attachment before

judgment of attachment scheduled properties pending

disposal of the appeal.

The first petitioner has in the affidavit filed in

support of the application stated that the Tribunal as

per its order in I.A.No.189/2018 had passed an order of

attachment before judgment. After the impugned award

was passed, the second respondent is taking steps to M.A.C.A.No.2988/2021

lift the attachment and alienate the properties in order

to defeat the petitioners from realising enhanced

compensation from them. Therefore, there may be an

order of attachment before judgment of the

attachment scheduled properties pending the appeal.

Heard; the learned counsel appearing for the

petitioners.

On a consideration of the averments in the

affidavit filed in support of the application and hearing

the counsel appearing for the parties, I am satisfied

that the petitioners have made out a prima facie case

to order conditional order of attachment before

judgment. Hence, I order the conditional order of

attachment before judgment of the attachment

scheduled properties for a period of three months.

Sd/-

C.S.DIAS, JUDGE

DST/04.03.22

04-03-2022 /True Copy/ Assistant Registrar