Citation : 2022 Latest Caselaw 10503 Ker
Judgement Date : 7 October, 2022
OP(C) NO. 1707 OF 2011
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
OP(C) NO. 1707 OF 2011
AGAINST THE ORDER/JUDGMENT IN OS 176/2010 OF SUB COURT /
COMMERCIAL COURT (KALPETTA), SULTHANBATHERY
PETITIONER/S:
ASOKAN, S/O. KELAPPAN, ERIVELI HOUSE, KANHIRANGAD
AMSOM,, THONDERNADU DESOM, P.O.MAKKIYAD,,
MANANTHAVADY TALUK, WAYANAD DISTRICT.
BY ADVS.
SRI.T.RAMPRASAD UNNI
SMT.SMITHA GEORGE
RESPONDENT/S:
1 KALATHIL RUGMINI, WIFE OF BHASKARAN NAMBIAR,KALATHIL
VEEDU,, P.O.VIMALANAGAR, MANANTHAVADY AMSOM,,
OZHAKKODY DESOM, MANANTHAVADY TALUK. 670 645.
2 SUMEGE @ SUMESH SON OF RUGMINI, KALATHIL VEEDU,
P.O.VIMALANAGAR,, MANANTHAVADY AMSOM, OZHAKKODY
DESOM,, MANANTHAVADY TALUK. 670 645.
3 SUBHASH SON OF RUGMINI, KALATHIL VEEDU,
P.O.VIMALANAGAR,, MANANTHAVADY AMSOM, OZHAKKODY
DESOM,, MANANTHAVADY TALUK. 670 645.
BY ADV SRI.ABRAHAM MATHEW VETTOOR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1707 OF 2011
2
JUDGMENT
The original petition is filed challenging the order
in I.A.No.791/2010 in O.S.No.176/2010 (Ext.P4) of the
Court of the Subordinate Judge, Sulthan Bathery.
2. The grievance of the petitioner is that, his
application, seeking an order of attachment before
judgment was dismissed by the court below.
3. The learned counsel appearing for the
respondents submits that the suit itself was dismissed
on 12.12.2013. In the light of the above submission, I
am of the view that nothing further survives in the
original petition.
In the result, without prejudice to the right of the
petitioner to work out his remedies in accordance with
law, the original petition is dismissed as infructuous.
Sd/-
C.S.DIAS, JUDGE rkc/07.10.22
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