MUHAMMED RAFI SYED Vs. KHANI RAWTHER AYOOB

JUDGEMENT

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

(2.) Heard Smt.C.G. Bindu, learned counsel appearing for the petitioner/plaintiff/appellant in A.S. No.124 of 2017. In the nature of the orders proposed to be passed in this petition, notice to the respondent/defendant will stand dispensed with.

(3.) The petitioner herein is the plaintiff in O.S. No.27 of 2016 before the Sub Court, Alappuzha in which the respondent herein has been arrayed as defendant therein. The suit is for passing a decree for realisation of money based on a promissory note executed by the respondent/defendant which is stated to be in favour of the petitioner/plaintiff. In view of this Court, the petitioner had obtained an order of attachment in the property of the respondent. That the suit was dismissed by the trial court and consequently, the petitioner had preferred Ext.P1 to A.S. No.124 of 2017 which is now pending before the 2nd Additional District Court, Alappuzha. When the appeal was filed on 19.12.2017 along with Ext.P1, the petitioner had filed Ext.P2 I.A. No.1569 of 2017 for condonation of delay of 40 days in filing the appeal and Ext.P3 I.A. No.1570 of 2017 for grant of a conditional order of attachment of the property of the respondent. Though notices were duly issued on Exts.P2 and P3 I.A.'s, the respondent herein/defendant has evaded the exemption from the notices and that this has constrained the petitioner to initiate fresh steps for taking completion of service of notice on both of I.A.'s filed in the appeal suit. That in the meanwhile, the respondent/defendant is proceeding with Ext.P4 I.A. No.707 of 2017 filed in O.S. No.27 of 2016 praying that the trial court should communicate the order of dismissal of the suit to the Sub Registrar office. In the light of the above facts and circumstances of the case, the petitioner has filed the above aforestated prayers.