K.N. Dinoop, S/O vs Jamal Mohammed
2023 Latest Caselaw 6772 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                        OP(C) NO. 1244 OF 2023
        (AGAINST THE ORDER IN I.A.No.1222/2019 IN OP 5/2019   IN
         OS.No.80/2022 OF SUB COURT, KANNUR DATED 15.05.2023)
PETITIONERS/PWTITIONERS/PLAINTIFFS:

    1        K.N. DINOOP,
             AGED 40 YEARS
             S/O.KUNHIKANNAN
             MELVINA, PLOT 20, POLICE NAGAR, KIZHUTHALLI, THAZHE
             CHOVVA, KANNUR - 670018

    2        BEENA KARAYI
             AGED 50 YEARS
             W/O. MURALEEDHARAN, VINAYAKA, NEAR RAILWAY GATE, THAZHE
             CHOVVA, KANNUR, PIN - 670018

             BY ADVS.
             K.MOHANAKANNAN
             M.A.ZOHRA


RESPONDENTS/RESPONDENTS/DEFENDANTS:

    1        JAMAL MOHAMMED
             AGE AND FATHER'S NAME ARE NOT KNOWN,
             ARANHIKKAL COMPLEX, SCHOOL PADI,
             PATHEPERIAM P.O,
             MALAPPURAM DISTRICT -, PIN - 676123

    2        SHUBHA,
             AGED 60 YEARS
             W/O. LATE SIVARAJAN RESIDING AT SIVASAKTHI, KAKKAD,
             KANNUR -670005
             REPRESENTED BY POWER OF ATTORNEY HOLDER NIKESH K.V.,
             S/O. K.V.PREMARAJAN, AGED 42 YEARS,
             RESIDING AT DEVIRAM, VANKULATH VAYAL,
             AZHIKODE SOUTH, AZHIKODE P.O.,
             KANNUR- 670009
 OP(C) NO. 1244 OF 2023              2



    3        SHABANA,
             AGED 40 YEARS
             D/O. LATE SIVARAJAN, RESIDING AT SIVASAKTHI,
             KAKKAD, KANNUR - 670005
             REPRESENTED BY POWER OF ATTORNEY HOLDER NIKESH
             K.V., S/O. K.V.PREMARAJAN, AGED 42 YEARS, RESIDING
             AT DEVIRAM, VANKULATH VAYAL, AZHIKODE SOUTH,
             AZHIKODE P.O., KANNUR, PIN -670009

    4        DINOOP,
             AGED 37 YEARS
             S/O. LATE SIVARAJAN, RESIDING AT SIVASAKTHI,
             KAKKAD, KANNUR -67005 REPRESENTED BY POWER OF
             ATTORNEY HOLDER NIKESH K.V., S/O. K.V.PREMARAJAN,
             AGED 42 YEARS, RESIDING AT DEVIRAM, VANKULATH
             VAYAL, AZHIKODE SOUTH, AZHIKODE P.O., KANNUR, PIN -
             670009


     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
20.06.2023,     THE   COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 1244 OF 2023       3



                          JUDGMENT

Ext.P8 is an order declining attachment before

judgment at the instance of the plaintiffs who

instituted the suit for recovery of money. It is an

appealable order. The regular remedy available to

the party is not exhausted. On the other hand the

learned Counsel for the petitioners submitted that

it would come under the purview of Rule 5 of Order

13 CPC. Rule 5 deals with one of the requirement to

be complied with while passing an order of

attachment. The impugned order will not come under

the purview of Rule 5 and as such, regular appeal is

available. Without prejudice to the right of party

to take up the matter as per lex fori and lex loci,

this O.P(C) will stand dismissed in limine.

Sd/-

P.SOMARAJAN JUDGE

LEK

APPENDIX OF OP(C) 1244/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE OP NO. 5/2019 DATED 18/11/2019

Exhibit P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY RESPONDENTS 2 TO 5 IN OP 5/2019 OF SUB COURT, KANNUR

Exhibit P3 TRUE COPY OF THE ORDER IN OP NO. 5/2019 DATED 30/07/2022 OF SUB COURT, KANNUR

Exhibit P4 TRUE COPY OF THE INTERIM ORDER IN I.A.

NO. 1/2022 IN CRP NO. 294/2022 DATED 09/11/2022

Exhibit P5 TRUE COPY OF THE INTERIM ORDER IN I.A.

NO. 1/2022 IN CRP NO. 294/2022 DATED 13/04/2023

Exhibit P6 TRUE COPY OF THE SUIT, O.S. NO. 80/2022

Exhibit P7 TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR ATTACHMENT FILED AS I.A. NO. 1222/2019

Exhibit P8 TRUE COPY OF THE ORDER IN I.A. NO.

1222/2019 IN O.P. NO. 5/2019 IN OS. NO. 80/2022 ON THE FILE OF SUB COURT, KANNUR DATED 15/05/2023