SUYAMBU P. Vs. A.I POTHEN

JUDGEMENT

(1.) Ext.P9 order passed by the Sub Court, Pathanamthitta (for short 'the trial court') in a petition filed under Order XXXVIII Rule 9 of the Code of Civil Procedure (for short the CPC) is under challenge in this original petition.

(2.) The petitioners are the defendants 1 and 2 and the respondents are the plaintiffs and the other defendants in O.S.No.1/2023 on the files of the trial court. The defendants are the trustees of the PSN Educational and Charitable Trust. The suit was one for realisation of a sum of ?17,73,90,179/-. Along with the plaint, the plaintiffs filed I.A.No.1/2023 under Order XXXVIII Rule 5 of the CPC to attach the petition schedule property belonging to the Trust. The trial court passed an order under Order XXXVIII Rule 5 and directed the defendants to furnish security for the sum of ?17,73,90,179/- or to show cause why they shall not furnish security. A conditional order of attachment was also issued and the attachment was effected. Thereafter, the petitioners herein filed application under Order XXXVIII Rule 9 of the CPC to withdraw the attachment furnishing bank guarantee for ?17,73,90,179/- issued by the Indian Bank, Thirunelveli Branch. The petitioners also undertook by filing Ext.P7 affidavit that they will not alienate the petition schedule property till the disposal of the suit. The trial court after hearing both sides dismissed Ext.P5 as per Ext.P9 order. It is challenging the said order, the petitioners are before us.

(3.) I have heard Sri. Kurian George Kannanthanam, the learned Senior Counsel for the petitioners instructed by Sri. Saneer P.M. and Sri. Arun Krishna, the learned counsel for the respondents.