JAYAKRISHNAN KRISHNA MENON Vs. SUNDARA SUBRAMANIAN

JUDGEMENT

(1.) Dismissal of an application seeking attachment before judgment of the immovable property of the defendant-respondent is under challenge by the plaintiff-petitioner.

(2.) The suit is one for recovery of money. According to the plaintiff, there was a partnership business between him and the first defendant-respondent. They agreed to dissolve the partnership, and the accounts were settled. Detailed statement of accounts were prepared. Necessary documents for retirement were signed. The actual payment was to be done later. The parties were abroad. Necessary papers to enable the first defendant-respondent to proceed with the business as proprietary concern was signed on 7/11/2007. Alleging non-payment of the amount due, the suit has been filed.

(3.) Along with the suit, the petitioner-plaintiff sought for attachment before judgment of immovable property of the respondent-first defendant. Though originally an order of conditional attachment was granted, after hearing the respondent, the application was dismissed. The trial court held that the plaintiff has failed to prove a prima facie case in support of his claim.