Kerala High Court
C.K Ravi Kumar vs John Franklin on 29 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
OP(C) No. 1031 of 2024 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
OP(C) NO. 1031 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN IA 1/2023 IN OS NO.138
OF 2023 OF ASSISTANT SESSIONS COURT/I ADDITIONAL SUB
COURT,THIRUVANANTHAPURAM
PETITIONERS/DEFENDANTS NO.1&2:
1 C.K RAVI KUMAR,
AGED 75 YEARS S/O KUTTAN NAIR, ANAND VIHAR,T.C
19/1417(3),MUDAVANMUKUL,POOJAPPURA P.O,
THIRUVANANTHAPURAM, PIN - 695012
2 S ROSE MARY AGED,
60 YEARS W/O C.K. RAVI KUMAR, ANAND VIHAR,T.C
19/1417(3),MUDAVANMUKUL,POOJAPPURA P.O,
THIRUVANANTHAPURAM, PIN - 695012
BY ADVS. S.NIKHIL SANKAR K.RAJENDRAN CHETTIAR
RESPONDENTS/RESPONDENT AND 3RD DEFENDANT:
1 JOHN FRANKLIN,
AGED 74 YEARS,S/O ISRAEL SATHYANESAN,MALAKKAL HOUSE
KUNDAMON BHAGHOM,KATTAKADA P.O, THIRUVANANTHAPURAM
DISTRICT, PIN - 695543
2 ANIL KUMAR,
AGED 55 YEARS, S/O BALAKRISHNAN,KRISHNA VILASOM,
PULIYARAKONAM P.O, THIRUVANANTHAPURAM DISTRICT, PIN -
695573
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) No. 1031 of 2024 :2:
Dated this the 29th day of May, 2024.
JUDGMENT
Heard Sri. Nikhil Sankar.S., the learned counsel for the
petitioner.
2. Ext.P5 notice issued under Order XXXVIII and Rule 5
of the Code of Civil Procedure (for short, "the C.P.C.") is under
challenge in this original petition.
3. Petitioners are the defendants 1 and 2 and the 1 st
respondent is the plaintiff and the 2nd respondent is the 3rd
defendant in OS No.138/2023 on the file of 1 st Additional Sub
Court, Thiruvananthapuram (for short, "the Trial Court"). The
suit was one for money. Along with the suit, plaintiff filed IA
No.1/2023 for attachment before judgment. The trial Court
directed the defendants to show cause why they shall not
furnish security for the plaintiff. A conditional attachment was
also granted. The defendants/petitioner entered appearance
and filed objection statement. Before adjudicating the
application for attachment before judgment under Order
XXXVIII Rule 6 of the CPC, the petitioners have rushed to this
Court. According to the petitioners, the plaintiff is not entitled
to get an interim attachment order. These are the contentions
to be urged before the learned Munsiff.
Having heard the learned Counsel for the petitioners, this
original petition is disposed of with a direction to the trial
Court to hear and to dispose of IA No.1/2023 by passing an
order under Order XXXVIII Rule 6 of the CPC after hearing
both sides, within a period of one month from the date of
receipt of a copy of this judgment.
Sd/-
DR.KAUSER EDAPPAGATH
JUDGE
RPR/-
APPENDIX OF OP(C) 1031/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 18/06/2014
BETWEEN THE PETITIONERS AND THE 2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE AGREEMENT BETWEEN THE 2ND
RESPONDENT AND THE 1ST RESPONDENT DATED 28/04/2016
Exhibit P3 TRUE COPY OF THE PLAINT IN O.S NO: 138/2023 BEFORE
THE HONOURABLE SUB COURT, THIRUVANANTHAPURAM
Exhibit P4 TRUE COPY OF I.A NO:1/2023 IN O.S NO: 138/2023
BEFORE THE HONOURABLE SUB COURT,
THIRUVANANTHAPURAM
Exhibit P5 TRUE COPY OF THE ORDER PASSED BY THE HONOURABLE 1
ST ADDITIONAL SUB COURT,THIRUVANANTHAPURAM IN I.A
NO:1/2023 IN O.S NO:138/2023 DATED 20/09/2023
Exhibit P6 TRUE COPY OF THE OBJECTIONS FILED BY THE
PETITIONERS TO I.A NO:1/2023 IN O.S NO:138/2023 ON
THE FILES OF HONOURABLE 1 ST ADDITIONAL SUB
COURT,THIRUVANANTHAPURAM DATED 19/10/2023
Exhibit P7 TRUE COPY OF THE CLINICAL NOTE ISSUED BY SENIOR
RESIDENT, DEPARTMENT OF CARDIOLOGY ,SREE CHITHIRA
THIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND
TECHNOLOGY, THIRUVANANTHAPURAM DATED 12/04/2024
