V.A.ISSAC Vs. P.N.GOPINATHAN

JUDGEMENT

(1.) THE petitioners herein are defendants 2 and 3 in O.S.No.247 of 2004 filed by the respondent/plaintiff. The challenge herein is against Ext.P5 order passed by the Court below whereby a direction was issued to keep in abeyance the order lifting attachment till 19.2.2011.

(2.) THE said order has been passed in the following circumstances. The suit is one for realization of money which was listed to 15.1.2011 for trial. The application for adjournment made by the learned counsel for the plaintiff was disallowed and the suit was dismissed. The Court also vacated the attachment before judgment which was ordered in I.A.No.1879 of 2004. The plaintiff filed an I.A.No.154 of 2011 to keep in abeyance for one month the order vacating the attachment on the plea that he intends to file the application for restoration of the suit and the same was allowed by this Court.

(3.) THE learned counsel for the respondent submits that now the suit is listed for trial to 7.9.2013 and the plaintiff has also filed an application for ordering attachment afresh, which is still pending. It is also submitted that petitioners herein have filed a Review Petition against the order refusing to communicate the order vacating attachment, which is also pending before this Court.