IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 4184 of 2008(W) ------------------------- AGAINST THE ORDER IN IA 170/2008 IN OS.52/2005 of SUB COURT, QUILANDY .................... PETITIONER/2ND PLAINTIFF IN O.S.5/05 : ---------------------------------------------------- P.K.JAMEELA, D/O.ASSAINAR AGED 36 YEARS, PARTNER, AL-RAFA JEWELRY DOOR NO.T.P. V/199, THIRUVALLUR POST THIRUVALLUR, VATAKARA TALUK, KOZHIKODE DIST. KERALA STATE. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT/DEFENDANT IN O.S.52/05: ------------------------------------------------- P.KUNHAMOOTTY,S/O.P.KUNHAMMED KUTTY HAJI AGED 51 YEARS, RESIDING AT RAYAROTH THIRUVALLUR AMSOM DESOM, POST THIRUVALLUR VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.4184 OF 2008 ===================== Dated this the 5th day of February 2008 JUDGMENT This writ petition is filed for a direction to the Sub Court, Koyilandy to grant the petitioner a certified copy of the judgment in O.S.No.52 of 2005 and to direct the Sub Court to consider Ext.P3 and pass appropriate orders. The suit was one for realisation of large amount of money amounting to almost Rs.25 lakhs and during the pendency of the suit, there was an interim attachment of the property of the defendant. It is submitted that since the interim attachment is not specifically ordered to continue for a definite point of time after the dismissal of the suit and if the defendant alienates the property it may cause difficulty ultimately if the plaintiffs succeed in the suit. It is with that object in view Ext.P3 application is filed. There appears to be considerable force in the said contention. Therefore, I direct the Sub Judge, Koyilandy to issue certified copy of the judgment in O.S.No.52 of 2005 as expeditiously as possible, within 10 days from today and in the meanwhile consider and dispose of Ext.P3 application. I also pass an order restraining the respondent in the suit from WP(C)4184/2008 -:2:- alienating the property which is the subject matter of attachment in the suit for a period of 4 weeks. Writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-