IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 OP(C).No. 1321 of 2010(O) ------------------------- OS.289/2010 of SUB COURT, TIRUR .................... PETITIONER : -------------------- HAMSA HAJI, AGED 52 YEARS, S/O.MUHAMMED, KALLENGAL HOUSE, OZHOOR AMSOM, AYYAYA DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.P.S.ABDUL KAREEM RESPONDENT(S): R1/PLAINTIFF -------------------------------------------- 1. KUNHI MUHAMMED, AGED 63 YEARS, S/O.MOHAMMED, THALAPARAMBIL HOUSE, OZHOOR AMSOM, AYYAYA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN 676 313. 2. MOHAMMED, AGED 43 YEARS, S/O.ALI, CHERALI HOUSE, OZHOOR AMSOM, AYYAYA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN 676 313. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- O.P.(Civil) No.1321 of 2010 O --------------------------------------------- Dated this the 11th day of January, 2011 JUDGMENT The first respondent filed O.S.No.289 of 2010 on the file of the court of the Subordinate Judge of Tirur against the second respondent for realisation of money. Along with the suit, the plaintiff filed an application for attachment before judgment. The court below passed an order dated 30.9.2010 directing the defendant to furnish security for Rs.5 lakhs on or before 18.10.2010. A conditional order of attachment was also passed. The petitioner, who purchased the property sought to be attached, challenges in this Original Petition the order dated 30.9.2010 passed by the court below. 2. The suit was filed on 29.9.2010. As stated earlier, the order was passed by the court below in the application for attachment before judgment on 30.9.2010. O.P.(Civil) No.1321/2010 2 The case of the petitioner is that the property sought to be attached before judgment was purchased by him on 30.8.2010 from the defendant, i.e., before the institution of the suit. 3. The petitioner has an effective alternative remedy of filing a claim petition before the trial court under Rule 8 of Order 38 of the Code of Civil Procedure. The petitioner is not entitled to challenge in the Original Petition the order passed by the court below in the application for attachment before judgment. Therefore, the Original Petition is not maintainable. Reserving the right of the petitioner to move the court below under Rule 8 of Order 38 of the Code of Civil Procedure, the Original Petition is dismissed. K.T.SANKARAN JUDGE csl