IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 7765 of 2007(Y) ------------------------- IA 13.27/2006 of I ADDL.SUB COURT,ERNAKULAM .................... PETITIONER: ------------ SMT. T.GNANALAKSHMI, SOLE PROPRIETRESS, M/S. MANJU AGENCIES, REP. BY P/A HOLDER SMT. T.MAHALAKSHMI, D/O. THIRUVENKIDOM, AGED 39, R/AT KUMARA BHAVAN, CONVENT ROAD, KOLLAM, KOLLAM EAST VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, KERALA. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SRI.JOBI.A.THAMPI SRI.RAFFEEKH.K SMT.VIDYA KUMARI.B.VAID SRI.M.KABANI DINESH RESPONDENTS: ------------- 1. M/S. RELIABLE WARES PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR, 39/610 B, MONASTERY ROAD, ERNAKULAM, COCHIN-682 011. 2. MR. K.T.BENNY, AGED 51, MANAGING DIRECTOR, M/S. RELIABLE WARES PVT. LTD., 39/610 B, MONASTERY ROAD, ERNAKULAM, COCHIN-682 011, R/AT KAIRALI APARTMENT, 7TH FLOOR, 77A, PANAMPILLY NAGAR, ERNAKULAM, COCHIN-682 036. 3. MRS. ANN BENNY, AGED 49, W/O. K.T.BENNY, DIRECTOR, M/S. RELIABLE WARES PVT. LTD., 39/610 B, MONASTERY ROAD, ERNAKULAM, COCHIN-682 011, RESIDING AT KAIRALI APARTMENTS, 7TH FLOOR, 77A, PANAMPILLY NAGAR, ERNAKULAM, COCHIN-682 036. WP(C) No. 7765/2007 4. MR. K.V.THARU, AGED 74, S/O. K.T.VARGHESE, CHARIMAN & DIRECTOR, M/S. RELIABLE WARES PVT. LTD., 39/610 B, MONASTRY ROAD, ERNAKULAM, COCHIN-682 011, R/AT SHANTI APARTMENT, GROUND FLOOR, KADAVANTHARA P.O., KOCHI-682 020. 5. OMANA THARU, AGED 69, W/O. K.V.THARU, DIRECTOR, M/S. RELIABLE WARES PVT. LTD., 39/610 B, MONASTERY ROAD, ERNAKULAM, COCHIN-682 011, RESIDING AT SHANTI APARTMENT, KADAVANTHARA P.O., KOCHI-682 020. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 7765/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE ATTACHMENT ORDER DATED 17/11/2003 IN I.A.NO.5005/03 OF THE SUB JUDGE, ERNAKULAM. P2 : COPY OF THE COUNTER AFFIDAVIT IN I.A.NO.5005/2003 IN O.S.620/2003 OF THE SUB COURT, ERNAKULAM. P3 : COPY OF THE JUDGMENT DATED 07/02/2006 IN WP(C) No. 6534/2005. P4 : COPY OF THE I.A.NO.4816/06 ALONG WITH ATTACHMENT SCHEDULE. P5 : COPY OF THE I.A.NO.1327/06 DATED 09/03/06. P6 : COPY OF THE ORDER DATED 01/07/06 IN I.A.NO.1327/06 IN O.A.620/03. P7 : COPY OF THE JUDGMENT DATED 17/07/2006 IN O.S.NO.620/03. P8 : COPY OF THE JUDGMENT DATED 07/12/2006 IN WP(C) No. 23031/06. P9 : COPY OF the COUNTER AFFIDAVIT IN I.A.NO.1327/06 IN O.S.620/03. P10 : COPY OF THE ORDER DATED 19/01/2007 IN I.A.NO.1327/06 IN O.S.620/03. P11 : COPY OF THE VALUATION REPORT DATED 27/11/2003. P12 : COPY OF THE ORDER DATED 19/01/2007 IN I.A.NO.4816/06. // TRUE COPY // PA TO JUDGE. jg M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 7765 OF 2007 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Ernakulam in I.A.1327/06 in O.S.620/03. The suit is one with respect to realisation of an amount of Rs.26,26,548/-. There was an attachment of the property. The matter came up before this Court and this Court granted an opportunity to furnish security for the purpose of releasing the attachment of the property already attached. This Court directed that the defendant shall furnish security for the entire amount claimed under the plaint to the satisfaction of the Court below within a period of 30 days. Thereafter there was a petition to receive written statement which also came up before this Court and this Court while disposing of the matter had directed the Court below to consider sufficiency of the security offered by the petitioner. Thereafter the Court below has passed an order holding that W.P.C 7765 OF 2007 -:2:- the property having an extent of 8.9 cents which is offered as a security as the value of Rs.26,25,000/- and that the flat is worth Rs.1,75,000/- and as the suit amount is only Rs.26,26,548/-, the security furnished is sufficient. 2. The learned counsel for the writ petitioner has brought to my notice the reports Exts.P11 and P12. Ext.P11 is the report on the valuation of the property whereby the flat is valued at Rs.7,50,000/- and not 17,50,000/- as pointed out by the Court below. So far as it relates to 8.90 cents of property it is seen that it is only an undivided share and therefore it was imperative on the part of the Court to find out what is the share that is due to the person who is furnishing security, work out the correctness of the amount and then find out whether it is sufficient for the purpose of releasing the attachment. It appears that the Court below has not applied its mind properly to the materials available and therefore I set aside the order of the Court below and direct the Court below again to find out after hearing both sides the sufficiency of the security before lifting the order of W.P.C 7765 OF 2007 -:3:- attachment. Therefore the Court below shall find out whether the property furnished as security under Exts.P11 and P12 is proper and sufficient so as to hold that sufficient security is furnished in the matter. The Court may hear both sides and if any additional objections are to be filed that also may be permitted to be filed and dispose of the matter in accordance with law. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-