K J MOHANAN NAIR S/O JANARDHANAN PILLAI Vs. NEST INVESTMENT SOLUTIONS; J R SABARINATH S/O V RAJAN; V RAJAN AND MAHESWARAN NAIR S/O PARAMU PILLAI

JUDGEMENT

(1.) Petitioner is the plaintiff and respondents the defendants in the suit. The suit was instituted for realisation of Rs. 50 lakhs with interest from four defendants. The case in Ext.P14 plaint is that respondents 2 and 3 approached petitioner and made him believe that first respondent partnership firm is going to start a business and they had entered into a contract with fourth respondent, and purchased 7.5 acres of land and petitioner paid Rs. 50 lakhs which is invested and paid by them as consideration for the property of 4th respondent. It is on that basis a decree was sought even against 4th respondent. Ext.P15, an application under Rule 5 of Order XXXVIII of Code of Civil Procedure was filed for an order of attachment before judgment of the immovable property belonging to 4th respondent. Under Ext.P17 order, learned Sub Judge issued notice to the respondents. This petition is filed under Article 227 of Constitution of India challenging Ext.P17 order contending that learned Sub Judge had gone into the merits of the case, without considering the documents produced and entered a prima facie finding against the petitioner, and, therefore, Ext.P17 order is to be quashed.

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

(3.) As Ext.P17 order was passed before notice to the respondents, and in view of the order to be passed in this petition, it is not necessary to issue notice to the respondents.