IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 OP(C).No. 124 of 2010(O) ------------------------ OS.145/2010 of SUB COURT, PAYYANNUR .................... PETITIONER: -------------------- CHEENAMMADATH ABID, S/O.MUHAMMAD, AGED 29 YEARS, KANHANGADI VILLAGE, HOSDURG TALUK, KASARAGODE DISTRICT, PIN-671121. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: --------------- 1. V.MOHAMMAD NAHAS, S/O.BABAKUNHU, NOUSHAD MANZIL, VILAKKUDI VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT-691001. 2. M.SALEENA, AGED 35 YEARS, W/O.MUHAMMED NAHAS, NOUSHAD MANZIL, VILAKKUDI VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT-691001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.124 of 2010 --------------------------------------- Dated this 30th day of September, 2010 JUDGMENT Plaintiff in O.S.No.145 of 2010 of the court of learned Sub Judge, Payyanoor is the petitioner. He filed a suit against respondents/defendants for recovery of money on 31-08-2010 and vide I.A.No.1280 of 2010 prayed for attachment of property of respondents situated in a different district. According to the petitioner, learned Sub Judge has issued notice to the respondents calling upon them to furnish sufficient security to the plaint claim and to show cause why security shall not be furnished and posted the suit on 15-09-2010. On 15-09-2010 the case was adjourned and now posted on 01-10-2010. In the meantime respondents are evading service of notice with ulterior motive. Learned counsel states that while directing respondents to furnish security learned Sub Judge did not issue an order of conditional attachment and that has embordened respondents to evade the notice somehow or other since they are otherwise not affected by the notice. 2. Since the application is for issue of attachment of property before judgment on the allegation that respondents are C.R.P.No. / O.P(C).No. of 2010 : 2 : about to dispose of the property to defeat or delay execution of the decree that may be passed in the case, urgent steps are required. If it appears to the learned Sub Judge that respondents are evading notice appropriate means of service of notice as provided under Order 5 of the Code of Civil Procedure has to be adopted to ensure that notice is served at the earliest. Learned Sub Judge is directed to expedite the proceedings on I.A.No.1280 of 2010 as provided under law. Original petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-