IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 5646 of 2009(O) ------------------------- AGAINST THE ORDER DATED 02/12/2008 IN IA 7027/2008 IN OS.1344/2008 of SUB COURT, THRISSUR .................... PETITIONER(S): ------------------ JOSE, S/O.LONAPPAN, 59 YEARS, ALAPPAT HOUSE, MUTHUVARA DESOM, PUZHAKKAL VILLAGE, THRISSUR TALUK. BY MR.I. DINESH MENON,ADVOCATE RESPONDENTS: ------------------ 1. SETHU NAIR, 60 YEARS, PULASSERI HOUSE, VENGANELLUR PO., VENGANELLUR VILLAGE, THALAPPALLY TALUK. 2. SASIKUMAR, S/O.SETHU NAIR, PULASSERI HOUSE, VENGANELLUR PO., VENGANELLUR VILLAGE, THALAPPALLY TALUK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- W.P.(C).NO.5646 OF 2009 (O) ----------------------------------- Dated this the 20th day of February, 2009 J U D G M E N T The order under challenge in this writ petition is an order by which the court below lifted the attachment. The attachment was made before judgment. The respondents in the application prayed for lifting the attachment. The court below allowed that prayer and lifted the attachment. That means, the order is passed under Rule 6 of Order XXXVIII of the Code of Civil Procedure. An order under Rule 6 of Order XXXVIII of the C.P.C is appealable under Rule 1 (q) of Order XLIII of the CPC. Therefore, this Writ Petition is not maintainable. Accordingly, the Writ Petition is dismissed. K.T.SANKARAN, JUDGE prp J.B.KOSHY -------------------------- Criminal.R.P. OF 1998 ---------------------------- O R D E R 4th December, 2007