IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 22040 of 2009(O) --------------------------------------- OS.NO.343/2009 OF SUB COURT, TRIVANDRUM. .................... PETITIONER: ------------------- SHEEJA BEEVI, D/O.SANULABUDEEN, INFO GLOB, COMPUTER/D.T.P.CENTRE, OPPOSITE KAZHAKUTTOM POST OFFICE, KAZHAKUTTOM, THIRUVANANTHAPURAM. BY ADV. MR.M.SREEKUMAR. RESPONDENT: ---------------------- M.SHAJAHAN, S/O.MADAR KUNJU, HAILAL BUNGLOW, KANIYAPURAM, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No. 22040 OF 2009 -------------------------- Dated this the 4th day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) To direct the learned Principal Sub Judge, Thiruvananthapuram to issue carbon copy of the order in I.A No.1837/2009 in O.S No. 343/2009 dated 01/08/2009 to the petitioner forthwith and to stay the implementation of Ext.P5 order of attachment for a period of one month so as to enable the petitioner to challenge Ext.P5 order in C.M.A. ii) Such other reliefs that this Hon'ble Court may deem fit. W.P.(C).No. 22040 OF 2009 Page numbers iii) Award the entire costs of this Writ Petition. 2. Petitioner is the defendant in O.S.No.343/2009 on the file of the Principal Sub Court, Thiruvananthapuram. The respondent is the plaintiff and the suit claim was for eviction and arrears to rent. On the application moved by the respondent under Order 38 Rule 5 CPC the court below has passed an order of attachment of the computers and accessories from the concern operated by the defendant for the reason that security was not furnished despite giving a notice on the application. Petitioner seeks a breathing time to prefer an appeal against that order before the appropriate court and meanwhile to keep in abeyance the operation of the impugned order of the court below for a short period. I direct the learned Sub Judge to issue a carbon copy of the order, if applied for, to the petitioner within ten W.P.(C).No. 22040 OF 2009 Page numbers days from the date of receipt of a copy of this order. The operation of the impugned order shall be kept in abeyance for a period of three weeks from the date of this order subject to the condition that the petitioner / defendant shall furnish an unconditional undertaking before the court below not to remove the articles under attachment and also to cause their production, if so ordered by the court, subject to orders in the appeal, if any, against the order of attachment Hand over a copy of the order to the learned counsel for the petitioner and also transmit a copy to the court below forthwith. 3. Writ petition is disposed of subject to the above directions. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv