LAWS(KER)-2023-3-38

P.T.MANUEL Vs. P.M.MANUEL

Decided On March 08, 2023
P.T.Manuel Appellant
V/S
P.M.Manuel Respondents

JUDGEMENT

(1.) The plaintiff in O.S.No.78 of 2022 on the files of the Additional Sub Court-I, Thrissur has filed this appeal. The suit was filed for recovery of money from respondent No.11 to 16. The immovable property was attached as per the order in I.A.No.3 of 2022. Respondent Nos.1 to 10 filed I.A.No.5 of 2022 seeking to lift the attachment claiming that respondent Nos.11 to 16 have no right in the property. The Additional Sub Court allowed I.A.No.5 of 2022 and lifted the attachment. This appeal under Sec. 96 read with Order XLI, Rule 1 of the Code of Civil Procedure, 1908 is filed challenging the order dtd. 8/4/2022 in I.A.No.5 of 2022.

(2.) This appeal was admitted on 8/7/2022. Respondents entered appearance pursuant to notice.

(3.) When this matter came up for consideration today, the learned counsel appearing for the appellant would submit that this appeal may be dismissed without prejudice to the right of the appellant to challenge the order dtd. 8/4/2022 in I.A.No.5 of 2022 in I.A.No.3 of 2022 in O.S.No.78 of 2022 in appropriate proceedings.