CHRISTISH C. MANI Vs. SUJEESH

JUDGEMENT

(1.) This Original Petition has been filed under Article 227 of the Constitution of India by the plaintiff in O.S.No.12/2022 on the file of the Sub Court, Manjeri. The respondent herein is the sole defendant in the above Suit.

(2.) Heard the learned counsel for the petitioner and the respondent in detail.

(3.) The petitioner approached this Court, being aggrieved by dismissal of I.A.No.8/2022 in the above case by the Sub Judge. Ext.P1 is the copy of O.S.No.12/2022, filed by the petitioner seeking performance of contract of sale or to get back the advance sale consideration with 7% interest. I.A.No.8/2022 was filed under Order 38 Rule 5 of the Code of Civil Procedure to attach another item of property belonging to the defendant on the allegation that the plaint schedule property which was agreed to be sold was encumbered by the respondent with the Kerala State Financial Enterprises Ltd. and, therefore, the plaintiff apprehended sufficient security to get the advance amount at least, being pressed into as an alternative prayer, and canvassed attachment before judgment of the property, scheduled in the petition.