JOHN J. ILLICKAN Vs. SHEELA PHILIP

JUDGEMENT

(1.) UNDER challenge in this petition is the order passed by the Sub Court, Ernakulam rejecting the prayer of the petitioner to attach the property belonging to the respondents during the pendency of the suit. The suit was filed by the petitioner who is the brother of the respondents for declaration that the documents including the deed of cancellation of power of attorneys executed by the respondents are null and void and the power of attorneys are still in force and also for recovery of an amount of Rs. 5,24,000/ -. Along with the suit, the petitioner filed an I.A. for attachment of Plaint -A schedule property before judgment based on the allegation that the respondents are trying to alienate the property and to defeat the execution of the decree that may be passed in favour of the petitioner. The learned sub judge, after hearing both sides, dismissed the application by the impugned order.

(2.) ARGUMENTS have been heard.

(3.) DURING the course of the argument, I put a specific query to the learned counsel for the respondents as to whether the respondents have any intention to dispose of the property during the pendency of the suit. The learned counsel for the respondents submits that they have no intention to dispose of the property.