IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 CRP.No. 316 of 2009 ---------------------------- AGAINST THE ORDER DATED 18/02/2009 IN IA 736/09 IN OS.132/2009 of I ADDL.SUB COURT, THRISSUR ........................................... REVN. PETITIONER(S): RESPONDENT/(DEFENDANT) -------------------------------------------------------------------------- C.M.SHAILAJA DEVI, AGED 53 YEARS, W/O.C.P.RAJASEKHARAN, CHITTAR, NANDIYATTUKUNNAM KARA, PARAVOOR VILLAGE, TALUK, ERNAKULAM DISTRICT & RESIDING AT T.C.25/1436, THAIVILA ROAD, THIRUVANANTHAPURAM BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): PETITIONER(PLAINTIFF) --------------------------------------------------------- M.K.SUDHARSANAN, AGED 56 YEARS, S/O.MADHAVAN VAIDYAR, CHIRAG NIVAS, AMBALATHARA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM TALUK & DISTRICT. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- C.R.P.No.316 of 2009 - A --------------------------------- Dated this the 24th day of June, 2009 O R D E R This revision is directed against an order passed by the learned Sub Judge, Thrissur in an application filed under Order XXXVIII Rule 5 CPC in O.S.No.132/2009 pending on the file of that court. Respondent is the plaintiff in that suit. Suit is one for specific performance on an agreement of sale. On the application moved by the plaintiff seeking an interim order of attachment before judgment, after hearing both sides, the learned Sub Judge under the impugned order directed the defendant to furnish security for a sum of Rs.14 Lakhs, the amount which was stated to have been received as part of the purchase price/advance under the agreement of sale. Impeaching the correctness and propriety of that order, petitioner/defendant has filed the present revision. 2. Having regard to the nature of the order impugned and taking note of the submissions made by the counsel for the petitioner, I find no notice need be issued to the respondent/plaintiff and hence it is dispensed. C.R.P.No.316 of 2009 - A 2 3. The learned counsel for the petitioner submits that the defendant is prepared to deposit the sum of Rs.14 Lakhs as security before the court below as directed in the impugned order, without prejudice to his contentions to be taken to resist the suit claim. The learned counsel seeks for some time to furnish the security before the court. Petitioner shall deposit Rs.14 Lakhs as security within a period of two weeks in compliance of the direction passed under the order impugned, and if such deposit is made, the court below shall pass appropriate order on the attachment made over the property. The revision petition is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-