Sreekanth B vs Mr.Sivaprasad
2023 Latest Caselaw 11168 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
 FRIDAY, THE 27TH DAY OF OCTOBER 2023/5TH KARTHIKA, 1945
                     OP(C) NO.2068 OF 2023
    AGAINST THE ORDER/JUDGMENT IN I.A.No.1/2023 IN OS
              NO.134/2023 OF MUNSIFF COURT, VAIKOM
PETITIONER/PLAINTIFF:

            SREEKANTH.B, AGED 29 YEARS, S/O.T.K.BALAN,
            RESIDING AT 'AISWARYA', KANAKKARI,
            MEENACHIL TALUK,
            KOTTAYAM DISTRICT, PIN - 686632.
            BY ADVS.
            G.HARIHARAN
            PRAVEEN.H.
            K.S.SMITHA
            V.R.SANJEEV KUMAR
            BIJOY SAM GEORGE


RESPONDENT/DEFENDANT:

            SIVAPRASAD, S/O.CHANDRASEKHARAN NAIR,
            THEKKEVALLASSERY HOUSE, VAIKOM NORTH GATE,
            VAIKOM, KOTTAYAM DISTRICT, PIN - 686605.

            BY ADVS.
            T.MADHU
            C.R.SARADAMANI(S-891)
            RENJISH S. MENON(K/001486/2021)
            VRINDA T.S.(K/237/2022)
            AISWARYA JAYAPAL(K/001566/2023)


     THIS    OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
27.10.2023,    THE   COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 OP(C) No.2068 of 2023
                            - 2 -

                         JUDGMENT

Dated, this the 27th October, 2023

Petitioner herein is the plaintiff in O.S.

No.134/2023 on the files of the Munsiff Court,

Vaikom. He is aggrieved for the reason that

Ext.P3 application seeking attachment has not

been disposed of by the learned Munsiff.

2. This Court notice that the suit is of the

year 2023. However, interim applications like the

present one, seeking attachment etc., has to be

considered and orders issued promptly, without

any delay. Else, the purpose of the interim

application may get defeated.

3. This Court, therefore, directs the learned

Munsiff to dispose of I.A.No.1/2023 seeking

attachment, within a period of three weeks from

the date of receipt of a copy of this judgment.

In view of the fact that there is already an OP(C) No.2068 of 2023

- 3 -

interim order restraining the defendant from

alienating the property, the same will continue

until the matter is decided one way or other by

the learned Munsiff. The fact that there is an

interim order will not influence the learned

Munsiff in adjudicating I.A.No.1/2023.

This O.P(C) is disposed of, accordingly.

Sd/-

C.JAYACHANDRAN, JUDGE

ww OP(C) No.2068 of 2023

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APPENDIX OF OP(C) 2068/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE AGREEMENT DATED 05.05.2022 EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE PLAINT DATED 21.06.2023 FILED IN CONNECTION WITH O.S.NO.134/2023 BEFORE THE MUNSIFF COURT, VAIKOM.

EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED 21.06.2023 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, VAIKOM AS I.A.NO.1/2023 IN O.S.NO.134/2023 FOR ATTACHMENT OF VEHICLE NO.KL36-2912.

EXHIBIT P4 A TRUE COPY OF THE REGISTRATION PARTICULARS OF VEHICLE NO.KL36-2912 OWNED BY THE RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE CASE STATUS RELATING TO O.S.NO.134/2023 PENDING BEFORE THE MUNSIFF COURT, VAIKOM.