IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 OP(C).NO. 3992 OF 2011(O) -------------------------------------- OS.750/2011 OF III ADDL.SUB COURT, ERNAKULAM PETITIONERS: -------------------- 1. C.R.BALAKRISHNAN, AGED 35 YERAS, S/O.DR.C.K.RAJAGOPAL,SOFTWARE ENGINEER,R/A.H.NO.47 CONCORD HOMES,KUDULU MAIN ROAD,MADIWALA P.O, 560068,ANEKAL TALUK,BANGALORE DIST,KARNATAKA STATE REP.BY HIS P.A.H.MR.RADHAKRISHNAN,S/O.MADHAVAN,65 YRS,PENSIONER,SOUPARNIKA(H)MOOTHEDATH LINE,NETHAJI 2. SHIMMY RADHAKRISHNAN,32 YER,W/O.C.R BALAKRISHNAN,SOFTWARE ENGINEER,R.A.H.NO.47,CONCORD HOMES,KUDULU MAIN RD,MADIWALA POST,560068,KUDULU VILLAGE,ANEKAL TALUK,BANGALORE,KARNATAKA DIST REP.BY HER P.A.H.MR.RADHAKRISHAN,PENSIONER, SOUPARNIKA(H)MOOTHEDATH LINE,NETHAJI ROAD, ALUVA BY ADV. SRI.C.P.CHANDRASEKHARAN (CALICUT) SRI.M.SHAJU PURUSHOTHAMAN SMT.APARNA C.MENON RESPONDENT(S): ------------------------ 1. M/S.APPLE A DAY PROPERTIES PVT LTD, REGISTERED OFFICE AT APPLE TOWER, PALARIVATTOM, EDAPPILLY ROAD, EDAPPILLY P.O., PALARIVATTOM, KOCHI-682025 2. K.A.SAJU, DIRECTOR APPLE A DAY PROPERTIES PVT LTD S/O.ABDUL KADER, POOVATHUM MOOTTIL KADAVIL HOUSE EDAPPILLY P.O.,ERNAKULAM. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3882 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXT.P1:- PHOTOCOPY OF THE IA NO.5247 OF 2011 DTD 27/8/2011 RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3992 of 2011 ==================================== Dated this the 07th day of December, 2011 J U D G M E N T Petitioners are the plaintiff in O.S. No.750 of 2011 of the court of learned Sub Judge, Ernakulam. They filed the suit for recovery of money from the respondents-defendants and moved I.A. No.5247 of 2011 for attachment before judgment of certain immovable property. Learned Munsiff ordered notice on the said application. It is submitted by learned counsel that notice was returned unserved and now the application is posted on 4.01.2012 but without any conditional order of attachment, in the meantime. According to the learned counsel petitioners are apprehensive that in the meantime respondents may dispose of the property sought to be attached in which case petitioners may not be able to execute the decree successfully. 2. Since learned Sub Judge has ordered notice on the application, it is not necessary for this Court to interfere in the matter. But having regard to the apprehension of petitioners learned Sub Judge is directed to dispose of I.A. No.5247 of 2011 as early as possible after completing the preliminary steps. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv