Kerala High Court
Rajesh Babu vs Manoj Kumar.S.Kurup on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
OP(C) NO. 391 OF 2024
OS 44/2023 OF ASSISTANT SESSIONS COURT/SUB COURT,KOTTARAKKARA
PETITIONER(S)/PETITIONER/PLAINTIFF:
1 RAJESH BABU
AGED 47 YEARS
S/O., M.V.BABU, RESIDING AT KARTHIKA, KOTTAPPURAM, PULAMON
(PO), KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691531
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
JEENA A.V.
THOMAS THOMAS
RESPONDENT(S)/RESPONDENTS/DEFENDANTS:
1 MANOJ KUMAR.S.KURUP
AGED 52 YEARS
S/O SIVANANDAKURUP, RESIDING AT PUSHPA VILASOM, KODUMON
MURI, KODUMON (PO), PATHANAMTHITTA, PIN - 691555
2 MANU JOY
AGED 47 YEARS
S/O JOYKUTTY, RESIDING AT USHAS, VADACODE MURI, VADACODE
(PO), THALAVOOR VILLAGE, PATHANAPURAM TALUK, KOTTARAKKARA,
PIN - 691505
3 JIMMY JACOB
AGED 45 YEARS
S/O JACOB, RESIDING AT 57, HORMAVU AGARA, KRISHNARAJAPURAM
HOBLI 2, KRISHNARAJAPURAM (PO), BANGALORE ,, PIN - 560036
4 GIRI PRASAD.S,
AGED 56 YEARS
S/O SREEKANTAN NAIR.N, RESIDING AT KEDAR, T.C 5/401 (4),
ALTHARA, BEHIND ENGINEERING COLLEGE , SREEKARAYAM (PO)
THIRUVANANTHAPURAM, PIN - 695017
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C.) No.391 of 2024
2
C.JAYACHANDRAN, J.
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O.P.(C.) No.391 of 2024
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Dated this the 15th day of February, 2024
JUDGMENT
The petitioner is the plaintiff in O.S. No.44/2023
pending before the Sub Court, Kottarakkara. The
petitioner is aggrieved by an order dated 13.02.2024,
which vacated an attachment effected vide Ext.P3 order
in the said suit. Learned counsel for the petitioner
would submit that though, an application for issuance of
carbon copy and certified copy has been made, the
same has not bee issued. The petitioner wants to
challenge the said order.
2. Having regard to facts and circumstances,
notice to the respondents are dispensed with. This
Original Petition is disposed of directing the Sub Court,
Kottarakkara to issue either carbon copy or certified
copy of the order dated 13.02.2024, which lifted the
attachment effected vide Ext.P3, within a period of two
weeks from the date of receipt of a copy of this
judgment. In the meanwhile, there will be a order
interdicting the respondents from encumbering or
alienating the attachment schedule property in any
manner, until a period of seven days expires from the
date of issuance of such carbon copy/certified copy.
The Original Petition is disposed of.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/15-02
APPENDIX OF OP(C) 391/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EXTRACT OF THE PLAINT IN O.S
NO. 44/2023 ON THE FILES OF THE HON'BLE SUB
COURT, KOTTARAKKARA DATED 13.11.2023
EXHIBIT P2 TRUE COPY OF THE I.A. NO. 1/2023 IN O.S. NO.
44/2023 ON THE FILES OF THE HON'BLE SUB COURT,
KOTTARAKKARA DATED 13.11.2023
EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE HON'BLE
SUB JUDGE, SUB COURT, KOTTARAKKARA TO THE SUB
REGISTRAR, BANGALORE URBAN DATED 20.11.2023
EVIDENCING ATTACHMENT OF ONE OF THE PROPERTIES
EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE 2ND
RESPONDENT/ 2ND DEFENDANT IN I.A. NO. 1/2023 IN
O.S. NO. 44/2023 ON THE FILES OF THE HON'BLE
SUB COURT, KOTTARAKKARA
EXHIBIT P5 TRUE COPY OF THE EXTRACT OF THE COUNTER FILED
BY THE 3RD DEFENDANT IN I.A. NO. 1/2023 IN O.S.
NO. 44/2023 ON THE FILES OF THE HON'BLE SUB
COURT, KOTTARAKKARA
EXHIBIT P6 TRUE COPY OF I.A.NO.9/2024 IN O.S.NO.44/2023 ON
THE FILES OF SUB COURT, KOTTARAKKARA DATED
14.02.2024
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
