FIROZ ALAVI Vs. MARS FINANCE

JUDGEMENT

(1.) THE first respondent filed O.S.No.172 of 2010 on the file of the Court of Subordinate Judge of Tirur against the second respondent and another for realisation of money. A vehicle bearing registration No.KL-3N-3908 was attached before judgment in the suit. THE petitioner filed an application claiming that the vehicle was purchased by him from the second respondent before the institution of the suit. THE permit in relating to the vehicle was also transferred to the name of the petitioner. THE vehicle was released on Kaichit to a third party on effecting the attachment. THE petitioner filed an application to release the vehicle to him.

(2.) THE second respondent, who is the first defendant in the suit, contended that the Sub Court, Tirur, has no territorial jurisdiction to entertain the suit. THE Sub Court, Tirur accepted that contention and the plaint was returned for presentation before the proper court. However, the order of attachment was not vacated and the vehicle was not released. THE petitioner filed O.P.No.954 of 2010 pointing out the grievance that the trial court did not pass any order for releasing the vehicle. OP No.954 of 2010 was disposed of as per the judgment dated 2 December, 2010 directing the Sub Court, Tirur to consider the contention of the petitioner. THE petitioner was permitted to urge all his contentions before the Sub Court, Tirur.

(3.) THE reliefs prayed for as such cannot be granted. However, it is necessary to issue a direction to the Sub Court, Tirur to pass appropriate orders for release of the vehicle. Since the order of attachment was lifted, the person to whom possession was given on kaichit should be directed to produce the vehicle before the Court. THE Sub Court, Tirur shall pass appropriate orders taking into account the contentions raised by all the parties as to whom the vehicle should be released. THE Sub Court, Tirur shall pass appropriate orders within a period of one month from the date of receipt of a copy of the judgment. THE Original Petition is disposed of as above.