IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 FAO.No. 10 of 2010() -------------------- I.A.2953/09 IN OS.617/2009 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/COUNTER PETITIONER/DEFENDANT ---------------------------------------------------------- DR.G.VELAYUDHAN, MEDICAL PRACTITIONER, GG HOSPITAL, THIRUVANANTHAPURAM-695 011. BY ADV. SRI.B.RAGUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.R.SRINATH RESPONDENT(S): PETITIONER/PLAINTIFF ----------------------------------- SHIVAJI JAGANATHAN, S/O.LATE PROF.V.JAGANATHA PANICKER, RESIDING AT AB-12, SHIVAJI SAPHIRE, E.STREET, JAWAHAR NAGAR, THIRUVANANTHAPURAM- 695 041. ADV. SRI.RAM MOHAN.G.(CAVEATOR) THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 10 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2010 JUDGMENT Basheer, J. This appeal is at the instance of the defendant in a suit for recovery of money to the tune of Rs.1,87,36,650/- During the pendency of the suit, an application was moved by the respondent/plaintiff praying for an order of attachment of the scheduled properties, which admittedly belonged to the appellant/defendant. The court below, after hearing the parties, has allowed the above prayer and ordered attachment. The said order is impugned in this appeal by the defendant. 2. We have heard learned counsel for the appellant and the respondent. 3. The appellant is none other than the father-in-law of the respondent. We do not propose to advert to or deal F.A.O. No. 10 of 2010 2 with the various contentions raised by the parties at this stage, especially in view of the submission made by the learned counsel for the appellant that the appellant is prepared to furnish security in the form of bank guarantee for a sum of Rs. 3 Crores In that view of the matter, we are satisfied that this appeal need not be kept pending on the file of this Court. 4. Therefore, the appeal is disposed of with a direction to the appellant to furnish security by way of bank guarantee for a sum of Rs. 3 Crores to the satisfaction of the court below. Needless to mention that if the appellant furnishes security as directed above, the impugned order shall stand set aside. If the appellants fails to do so, this judgment shall stand recalled. (A.K. BASHEER) Judge (M.L. JOSEPH FRANCIS) Judge tm