Puthiya Purayil Kasim Haji vs Kachipravan Shameer
2022 Latest Caselaw 5527 Ker

RFA No.94/2022                               1/1

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE P.SOMARAJAN
              Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
                        IA.NO.1/2022 IN RFA NO. 94 OF 2022
              OS 37/2015 OF PRINCIPAL SUB COURT , THALASSERY, KANNUR
   PETITIONER/APPELLANT:

          PUTHIYA PURAYIL KASIM HAJI, S/O. MOOSA, AGED 72 YEARS, NO
          OCCUPATION, FAZEELA MANZIL, PO. NEERVELI, THALASSERY TALUK, KANNUR
          DISTRICT. PIN-670701.

   RESPONDENTS/RESPONDENTS:

      1. KACHIPRAVAN SHAMEER, S/O. KADER, AGED 40 YEARS, OCCUPATION NOT
         KNOWN, SAJITHA MANZIL, PO. SIVAPURAM, THALASSERY TALUK, KANNUR
         DISTRICT. PIN - 670702
      2. MENOTH VALAPPIL SUJESH, S/O. NARAYANAN, AGED 42 YEARS, TRADER, NEAR
         KAILAS TOURIST HOME, ANTHUR AMSOM DESOM, PO. PARASSINIKKADAVU,
         TALIPARAMBA TALUK, KANNUR DISTRICT. PIN 670563.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to direct          the
   respondents to furnish security for a sum of Rs.30,00,000/- (Rupees thirty
   lakhs only) and on their failure, the schedule properties may be attached
   before judgment in the above appeal. Interim attachment before notice also
   may be ordered since the delay in service of notice on the respondents
   will defeat the purpose of granting the relief.
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of SRI.R.SURENDRAN, Advocate for the petitioner, the court passed the
   following:
                                      ORDER

Issue show cause notice to the respondents why security shall not be furnished. In the meanwhile, there will be a conditional order of attachment over the property scheduled in the list, till 13/6/2022.

Sd/- P.SOMARAJAN, JUDGE

20-05-2022 /True Copy/ Assistant Registrar