ANILKUMAR Vs. SAMSATH

JUDGEMENT

(1.) The attachment petition filed under Order 38 Rule 5 of the CPC was dismissed by the Second Additional Sub Judge, Thiruvananthapuram, by order dated 13.12.2018. The order is challenged by the plaintiff in O.S.No.159/2017.

(2.) The appellant filed the suit for recovery of advance amount paid for purchase of plaint schedule property as per agreement dated 8.1.2015 alleged to have been executed by the first respondent, the original owner of the property. It is alleged that during the currency of the agreement, the property was sold by first respondent to the second respondent suppressing the document with the intention of defeating his right to enforce sale of the property. It was alleged that the second respondent was making preparations to alienate the property to third parties and the request of the appellant with the respondents for return of money was declined. With these allegations, I.A.No.3408/2017 seeking attachment before judgment was filed.

(3.) The first respondent did not respond to the notice served on him. The second respondent, the subsequent purchaser contested the attachment petition filing a detailed objection.