MONICA ASSOCIATES Vs. A.S. THOMAS

JUDGEMENT

(1.) The prayers in this Original Petition (Civil) filed under the enabling provisions in Article 227 of the Constitution of India are as follows:

(2.) Heard Sri.M.S.Narayanan, learned counsel for the petitioner in the O.P(C)./plaintiff in the O.S. and Sri.R.Nikhil, learned counsel appearing for the respondent in the O.P(C)/defendant in the O.S.

(3.) The prayer made by the petitioner herein in Ext.P-2 I.A.No. 2324/2016 in O.S.No.88/2016 on the file of the Sub Court, Thiruvananthapuram, is for a direction from that court to attach monthly rent amount of Rs. 5 lakhs now in the hands of the tenant of the defendant [respondent in the O.P(C)] due from the month of August, 2016, till the plaint claim is satisfied. The said plea made by the petitioner has been rejected by the court below as per the impugned Ext.P-4 order dated 23.11.2017 mainly on the ground that jurisdictional facts required for the invocation of the provisions contained in Order 38, Rule 5 C.P.C. have been made out in the said application and that the interest of the plaintiff/applicant in the I.A. has been sufficiently protected by Ext.P-1 order of temporary injunction passed in favour of the plaintiff in the said suit, etc.