V U BALACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is decree holder in O.S.163/05 on the file of Sub Court, Ernakulam. As per order of attachment under Order XXXVIII Rule 5 of Code of Civil Procedure, fixed deposit amount due to defendant was attached and it was deposited and fixed deposit receipt was produced before the trial Court. The suit was decreed exparte. Petitioner filed I.A.7699/06 to release the amount. Under Ext.P7 order, learned Sub Judge dismissed the application. This petition is filed under Article 227 of Constitution of India challenging the order contending that learned Sub Judge should have released the amount.

(2.) Learned Counsel appearing for petitioner was heard.

(3.) Arguments of learned Counsel appearing for petitioner was that as marriage of petitioner's sister is fixed on 9.2.07, learned Sub Judge should have released the amount.