IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 3425 of 2010(O) ------------------------- OS.55/1998 of SUB COURT, CHERTHALA .................... PETITIONER(S): ------------------------ ABDUL RASHEED, AFROS MANSION, ERAMALLOOR P.O, EZHUPUNNA VILLAGE. BY ADV. SRI.V.L.SHENOY SRI.L.JAYAWANTH RESPONDENT(S): ---------------------------- ASIA UMMA, W/O.PAREETH, SASTHAR MANZIL, CHANDIROOR P.O, AROOR VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.3425 of 2010 = = = = = = = = = = = = = = Dated this the 3 rd day of February, 2010 JUDGMENT The writ petitioner is the plaintiff in O.S.No.55/1998 on the file of the Sub Court, Cherthala. The said suit is one for money. Pending suit there was an attachment before judgment under Order XXXVIII Rule 5 C.P.C. While so on 15.1.2003 the suit was compromised as per which the plaintiff had given up all his claims against the defendant. However, strangely enough, the attachment was continued for six years thereafter. The defendant filed I.A.No.2230/2009 for lifting the attachment which was subsisting on her property. The said application for lifting the attachment was opposed by the plaintiff/petitioner. The court below overruled the objections and allowed the application as per Ext.P3 order dated 30.01.2010. It is the said order which is assailed in this writ petition by the plaintiff/ writ petitioner. 2. Admittedly the suit was terminated in the form of a W.P.(c)No.3425 of 2010 2 compromise entered into between the parties on 14.01.2003. As per the said compromise the plaintiff/writ petitioner had given up all his suit claim over the defendant. With that, the order of attachment before judgment had also ceased. The order of attachment cannot outline the suit in view of Order XXXVIII Rule 11 C.P.C. However, it took six years for the defendant to file an application to lift the attachment. I find absolutely no merit in the resistance offered by the plaintiff/petitioner against the request to lift the attachment. Ext.P3 order passed by the court below does not suffer from any irregularity or illegality so as to warrant interference of this Court in the extraordinary jurisdiction under Article 227 of the Constitution of India. This writ petition is accordingly dismissed in limine. Dated this the 3rd day of February, 2010. V. RAMKUMAR, JUDGE sj