Bhagavat Singh G vs Syam A
2022 Latest Caselaw 10701 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE M.R.ANITHA
          Friday, the 21st day of October 2022 / 29th Aswina, 1944
                    IA.NO.2/2022 IN RSA NO. 628 OF 2022
            AS 19/2020 OF III ADDITIONAL DISTRICT COURT, KOLLAM
                 OS 44/2015 OF PRINCIPAL SUB COURT, KOLLAM
PETITIONER/APPELLANT:

     BHAGAVAT SINGH G AGED 61 YEARS S/O. LATE K.GANGADHARAN, NOW RESIDING
     AT "SAROJ GANGA", FIROZ GANDHI LANE, JETTY ROAD, CHERANELLOOR
     VILLAGE, KANAYANNOOR TALUK, VADUTHALA P.O., ERNAKULAM-682023. FROM
     ISWARYA, NEDUNGOLAM, MEENADU CHERRY, PARAVOOR VILLAGE, PIN-691334.

RESPONDENTS/RESPONDENTS:

  1. SYAM A., S/O. LATE ASOKAN,AGED 43 YEARS, R.L.SADANAM, NEDUNGOLAM
     P.O., MEENADU CHERRY, PARAVOOR VILLAGE, KOLLAM TALUK, PIN-691334.
  2. RAKHI L.R.,   W/O.SYAM A.,AGED 38 YEARS, R.L. SADANAM, NEDUNGOLAM
     P.O., MEENADU CHERRY, PARAVOOR VILLAGE, KOLLAM TALUK, PIN-691334.
  3. LALITHAMBIKA G., D/O. LATE SAROJINI,AGED 65 YEARS, R.L.SADANAM,
     NEDUNGOLAM P.O., MEENADU CHERRY, PARAVOOR VILLAGE, KOLLAM TALUK,
     PIN-691334.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order of
attachment of the properties scheduled here with,without notice to the
respondent,to secure the decree to be passed by this Hon'ble Court.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of BHAGAVAT SINGH G(Party-In-Person),      for the petitioner, the court
passed the following:
                                             M.R.ANITHA, J.
                                    ----------------------------------------
                                   R.S.A. No.628 of 2022
                          -----------------------------------------------
                            Dated this the 21st day of October, 2022

                                               ORDER

Admit.

Issue notice to the respondents.

Substantial questions of law is formulated as follows:

(i) Whether the findings of the 1st Appellate Court that

suit is barred by limitation is legally correct?

(ii) Whether the judgment and decree passed by the 1st

Appellate Court dismissing the suit and that of the trial

court decreeing the suit partly is perverse due to mis-

appreciation of evidence?

I.A. No.2 of 2022

Heard. The respondents are directed to furnish security for Rs.5,60,000/-

or show cause why ten cents of property excluding the building in the schedule

attached to the petition cannot be attached.

In the meantime, issue conditional attachment of above ten cents of

property and notice.

Sd/-

M.R.ANITHA JUDGE SMF

21-10-2022 /True Copy/ Assistant Registrar