IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 FAO.No. 11 of 2010() -------------------- AGAINST THE ORDER IN IA.1473/2009 IN OS.291/2009 of PRINCIPAL SUB COURT, KOLLAM .................... APPELLANT/PLAINTIFF --------------------------------------- J.B.SIMMONS, EAST KURISSADY, SAKTHIKULANGARA VILLAGE. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): DEFENDANT ------------------------ ALBERT MORRIS, POONTHAEL, NEENDAKARA VILLAGE. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 11 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2010 JUDGMENT Basheer, J. Appellant/plaintiff calls in question the correctness of the order passed by the court below refusing to confirm the order of interim attachment in respect of item Nos.2 and 3 of the scheduled properties. 2. We have heard the learned counsel for the appellant and perused the impugned order. 3. Having regard to the entire facts and circumstances of this case, we do not find any reason to interfere with the impugned order at this stage. However, we make it clear that it will be open to the appellant to approach the court below for necessary modification of the order at a later stage, if the situation so warrants. In that event, the court below shall consider the matter with F.A.O. No. 11 of 2010 2 an open mind and take appropriate decision in accordance with law. 4. If the appellant apprehends that the respondent may alienate Item No.2 in the schedule, it will yet again be open to him to seek appropriate relief from the court below. With the above directions, this appeal is closed. (A.K. BASHEER) Judge (M.L. JOSEPH FRANCIS) Judge tm