IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 CRP.No. 2094 of 2000(E) AGAINST THE ORDER DATED 16/03/1998 IN I.A.NO.164/1998 IN OS.NO.101/97 OF SUB COURT, NEDUMANGAD REVN. PETITIONER: PLAINTIFF: CR.PETITIONER: SADASIVAN, S/O.NARAYANAN, AGED 59 YEARS, BINU BHAVAN, MUKKAMPALAMOODU, VEMBAYAM, THEKKADA VILLAGE. BY ADV. SRI.MOHAN JACOB GEORGE SMT.REENA THOMAS SRI.K.SATHEESH KUMAR SRI.T.A.UNNIKRISHNAN RESPONDENT: DEFENDANT: PETITIONER: A.DEVAVARNAM, AGED 37 YEARS, V.S.B.NIVAS, VETTUPARA, CHEERANIKKARA, THEKKEDA VILLAGE. BY ADV. SRI.V.R.GOPU THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 2094 OF 2000 E -------------------------------------------- Dated this the 2nd December, 2008 O R D E R The plaintiff in O.S.No.101 of 1997, Sub Court, Nedumangad, challenges the order dated 16.3.1998 in I.A.No.164 of 1998, by which the court below accepted the security and undertaking given by the defendant and the attachment ordered as per the order dated 20.12.1997 in I.A.No.983 of 1997 was lifted. It would appear that the attachment was in respect of 12 cents of land. The property was valued at Rs.2 lakhs. The defendant prayed for lifting the attachment in order to enable him to receive the second instalment of the housing loan. He offered another property having an extent of 26 cents and having a value of Rs.3,90,000/- as security. An undertaking, not to alienate that property or to create any further liability in respect of the attached property, was also made by the defendant. The undertaking was recorded. The court below accordingly lifted the attachment on the basis of the security and undertaking. The order passed by the court below does not call for any interference in Revision. 2. More over, the order impugned was passed in 1998. The C.R.P. NO.2094 OF 2000 E :: 2 :: Revision was filed belatedly. There was no stay of the proceedings. Most probably, the suit must have been disposed of. For the aforesaid reasons, the Civil Revision Petition is dismissed. No order as to costs. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- C.R.P. NO. 2094 OF 2000 E O R D E R 2nd December, 2008 -------------------------------------------