THOMAS Vs. THAHIRA BEEVI

JUDGEMENT

(1.) The Writ Petition is filed under Article 227 of the Constitution of India seeking the following reliefs:

(2.) Petitioner is the plaintiff in O.S. No. 112/08 on the file of the Sub Court, Nedumangadu. Suit was one for money based on a promissory note. Respondent is the defendant in the suit. Ext. P-1 is the copy of the plaint. With the suit, the plaintiff moved an application for attachment before judgment of an immovable property belonging to the defendant. Ext. P-2 is the copy of the application moved under Order 38, Rule 5 and Section 151 of the C.P.C. for interim attachment before judgment. In that application, an interim order of attachment was passed by the learned Sub Judge. On appearance of the defendant and after considering the objections raised, attachment was made absolute. Ext. P-3 is copy of the order passed by the learned Sub Judge making the interim attachment order absolute. The defendant preferred an appeal before the District Court, Trivandrum impeaching the correctness of Ext. P-3 order. The learned District Judge, after hearing both sides, passed Ext. P-4 Judgment reversing Ext. P-3 order and remitting the application for attachment for fresh disposal within the time limit fixed. The Writ Petition is filed challenging the propriety and correctness of Ext. P-4 judgment invoking the supervisory jurisdiction vested with mis court under Article 227 of the Constitution of India.

(3.) Though notice was served, the respondent has not entered appearance.