Citation : 2025 Latest Caselaw 6001 Ker
Judgement Date : 23 August, 2025
OP(C) NO. 636 OF 2022 : 1 :
2025:KER:64122
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
OP(C) NO. 636 OF 2022
AGAINST THE ORDER DATED 15.03.2022 IN IA NO.2 OF
2022 OF I ADDITIONAL SUB COURT,ERNAKULAM
PETITIONER/S:
NISHAD N.K, AGED 44 YEARS
NADAKKAPPARAMBIL HOUSE, EDATHALA NORTH P.O.,
ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683561
BY ADVS.
SHRI.SHAJI THANKAPPAN
SRI.SUBIN K SUDHEER
RESPONDENT/S:
1 NISHAD K.A, AGED 37 YEARS
THEKKE KUNDUVELI, KAKKANAD S.O.,
VAZHAKKALA, KAKKANAD KARA,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682030
2 ABDU, AGED 60 YEARS
THEKKE KUNDUVELI, KAKKANAD S.O.,
VAZHAKKALA, KAKKANAD KARA,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682030
BY ADVS.
SRI.M.K.ABOOBACKER
SHRI.ANAND KALYANAKRISHNAN
OP(C) NO. 636 OF 2022 : 2 :
2025:KER:64122
SRI.D.M.NOWFAL
SRI.M.M.SHAJAHAN
SRI.C.DHEERAJ RAJAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
23.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 636 OF 2022 : 3 :
2025:KER:64122
JUDGMENT
This original petition is filed challenging
Ext.P11 order whereby the Trial Court dismissed the
application filed by the petitioner seeking
attachment before judgment of the plaint schedule
property.
2. Heard Sri.Shaji Thankappan, the learned
counsel for the petitioner and Sri.D.M.Nowfal, the
learned counsel for the respondents.
3. It is submitted by the learned counsel for
the respondents that the suit has subsequently been
decreed and an appeal has been filed by the
respondents before the learned District Judge,
Ernakulam and in view of the said developments,
nothing survives to be considered in this original
2025:KER:64122
petition.
4. Learned counsel for the petitioner also
submits that suit has been decreed.
Recording the said submission, this original
petition is dismissed as infructuous, without
prejudice to the contentions of the parties.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SB
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