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Judgment
The dismissal of an application for attachment before judgment of the immovable property of the defendant, is under challenge in this original petition by the plaintiff.
Heard Sri.B.A.Aloor, learned counsel for the petitioner and Sri.A.R.Dileep, learned counsel for the respondent.
The suit is one for recovery of money. The plaint claim is for an amount of `33,55,700/-. To substantiate the plaint claim, the plaintiff has produced cheques, dishonour memos and agreements. The finding of the trial court that there is no prima facie material in support of the plaint claim is not correct.
The plaintiff has averred in the affidavit filed in support of the attachment application that, with an intent to defeat the decree that may be passed in the suit, the defendant is attempting to alienate the property. It has been stated that the plaintiff got the said information through a real-estate broker. Before filing a suit for money and especially when the plaint claim is so huge, it is only natural that before expending huge amounts towards court fee, the plaintiff would make necessary enquiries regarding the assets of the proposed defendant. In the course of such enquiry it is only probable that the plaintiff would have come to know about the attempt of the defendant to sell away properties to defeat the plaint claim. I am unable to agree with the view taken by the trial court that the apprehension of alienation is not proved since the nature of the enquiry and the materials on which the plaintiff formed an opinion that the defendant is making arrangements to dispose of the property is not stated in the affidavit. On the totality of the facts, I am of the opinion that it is only proper that the plaint claim be adequately secured.
At the time of admission of this Original Petition, on 24.09.2020, this Court had, while issuing notice to the respondent-defendant restrained the defendant from alienating the property scheduled to the attachment application IA. 1/2020. It would be only just that the said order continues till the disposal of the suit, and it is ordered accordingly. The trial court shall expedite the suit and shall make every endeavour to have the same tried and disposed of as expeditiously as possible.
The original petition is allowed as above.