LYLA HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by Ext P1 order passed by the Court of the Subordinate Judge, Pathanamthitta in IA No.2/2021 in LAR No.2/2007, the Respondents 1, 4 and 8 in the application have filed the original petition. The Respondents are the petitioner/State and the other Respondents in the application.

(2.) A reading of Ext P2 notice shows that it is issued under Order 38 Rule 5 of the Code of Civil Procedure (in short 'Code') calling upon the petitioners and the Respondents 2 to 6 to show cause why an order of attachment shall not be passed. Subsequently, the court below has made the conditional order of attachment absolute, as provided under Order 38 Rule 6 of the Code.

(3.) An order passed under Order 38 Rule 6 of the Code is appealable under Order 43 Rule 1 (q) of the Code. Moreover, it is seen that, alleging inadequacy of compensation, the petitioners have filed LAA No.259/2018 before this Court.