IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 13869 of 2008(A) ------------------------------------- OS.1219/2007 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER ------------------ VIJAYAN, AGED 53 YEARS, S/O. POONKOTTIL KRISHNAN, PERAMANGALAM, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ---------------------- 1. VISWANATHAN, S/O. POONTHOLLY ACHUTHAN NAIR, MAMMIYOOR VILLAGE DESOM, CHAVALLAD TALUK. 2. DIVAKARAN, S/O. MADATHIL MUNDAYOOR MANAKKAL DIVAKARAN NAMBOODIRI, PERAMANGALAM VILLAGE DESOM, THRISSUR TALUK. BY ADV. SRI.MADHU N.NAMBOOTHIRIPAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13869 OF 2008-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT IN O.S.NO.1219/07 EXT.P2 TRUE COPY OF ORDER DATED 27.12.07 IN IA NO.7442/07 IN OS NO.1219/07 EXT.P3 TRUE COPY OF IA NO.2828/08 IN I.A.NO.7442/07 IN O.S.O.1219/07 EXT.P4 TRUE COPY OF OBJECTION FILED BY THE RESPONDENTS IN IA NO.2828/08 IN IA NO.7442/07 IN OS NO.1219/07 EXT.P5 TRUE COPY OF ORDER DATED 10.4.08 IN IA NO.2828/08 IN IA NO.7442/07 IN OS NO.1219/07 / TRUE COPY / Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - -- - - - - - - - W.P.(C) No. 13869 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010 JUDGMENT Petitioner is the defendant in a suit for realisation of money. An order of attachment before judgment was issued. He filed IA No.2828 of 2008 to lift the attachment. He was, however, not prepared to provide security for the costs of attachment. The court below therefore dismissed the petition to lift attachment. 2. At the stage of admission, an interim order was granted by this Court. That was later vacated obviously since there is refusal to lift the attachment on a ground referable to the non-furnishing of security for the costs of attachment. 3. Petitioner will be eligible to seek further relief of lifting of attachment on satisfying the statutory conditions. There is no legal infirmity or jurisdictional error in the impugned order. 4. The Writ Petition fails and the same is accordingly WPC : 13869 of 2008 -:2:- dismissed without prejudice to the right of the petitioner to seek appropriate relief in accordance with law as regards the attachment, if it still subsists. Thottathil B. Radhakrishnan, Judge. ttb WPC : 13869 of 2008 -:3:-