IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 18774 of 2009(O) -------------------------- AGAINST THE ORDER DATED 24/03/2009 IN IA.2568/2009 IN OS.238/2009 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER(S): ------------------------- 1. BINOJ N.A., AGED 35, S/O. LATE N.P.ANWAR HUSSAIN, NELLIKKAPPILLY HOUSE, ST.ALBERTS HIGH SCHOOL LANE, ERNAKULAM, COCHIN-35. 2. SMT. SUNU SHERIFF, W/O. SHERIFF, AGED 50, 3/593, PUTHIYARAKKAL HOUSE, AISWARIYA NAGAR, ALUVA. BY ADV. MR.A.SHAHUL HAMEED RESPONDENT(S): ---------------------------- P.A.ASMA BEEVI, AGED 60 YEARS, W/O. LATE N.P.WAN HUSSAIN, NELLIKKAPPILLY HOUSE, NELLIPARAMBIL LANE, PALARIVATTOM, ERNAKULAM, COCHIN-25. ADV. MR.C.P.SAJI FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18774/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT OS. 238/09 OF SUB COURT, ERNAKULAM DT. 21.3.09. P2- COPY OF THE IA. NO.2568/09 DT. 21.3.09. P3:- COPY OF THE ORDER DT.24.3.09 IN IA. 2568/09 IN OS. 238/09. P4:- COPY OF THE COUNTER AFFIDAVIT OF PETITIONER 1 DT. 8.6.09. P5:- COPY OF THE COUNTER AFFIDAVIT OF 2ND PETITIONER DT. 8.6.09. P6:- COPY OF THE IA. 3894/09 DT. 11.6.09. P7:- COPY OF THE LETTER DT. 23.4.09. TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.18774 OF 2009 -------------------------- Dated this the 23rd day of July 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Call for records pertaining to the passing of Ext.P3 order; set aside Ext.P3 order as the same is illegal and passed not in accordance with law. ii) Direct trial court to consider Ext.P2 and Ext.P6 petitions in the light of Ext.P4 and Ext.P5 counter affidavits and dispose the same in accordance with law. iii) To pass such other orders as this Hon'ble court deems fit to grant in the interest of justice. W.P.(C).No.18774 OF 2009 Page numbers 2. Petitioners are the defendants in O.S 238/2009 on the file of the Sub Court, Ernakulam, and the respondent, the plaintiff. Suit is one for money. In the above suit the respondent / petitioner moved an application under Order 38 Rule 5 of Code of Civil Procedure for interim attachment of the property of the second defendant before judgment. The court below passed an order to issue a show cause notice to the defendant. Simultanelusly an exparte order for interim attachment over the schedule property. Petitioners / defendants entered appearance and filed objections to the above application. The grievance canvassed is despite filing objection to the attachment ordered petition is not taken up for hearing and disposed of on merits. W.P.(C).No.18774 OF 2009 Page numbers 3. I heard the counsel on both sides. The learned counsel for the respondents submitted that appropriate directions may be issued by this court for expeditious disposal of the application moved for interim attachment of the property before judgment. Considering the submissions made and taking note of the facts and circumstances presented I direct the learned Sub Judge to hear the application for interim attachment before judgment, which is stated to be posted on 07/08/2009, preferably on the same date and if not, within two weeks from that date and dispose that petition before 31/08/2009. Subject to the above directions, the writ petition is closed. Hand over a copy of the judgment to the counsel on both sides on usual terms and transmit a copy to the court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv