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Judgment
14 paragraphs · 246 words@Judgmenttag-Judgment
A.Badharudeen, J.
Ext.P5 order of conditional attachment passed by the vacation court in I.A.No.1 of 2020 in O.S.No.181 of 2020 on the file of the Principal Sub
Court, Thiruvananthapuram, is under challenge in this original petition filed under Article 227 of the Constitution of India.
Heard the learned counsel for the petitioner.
The learned counsel for the petitioner submitted that this order was passed after filing detailed objection on the side of the defendant/respondent
without giving an opportunity of hearing. It is submitted that the petitioner herein, who is the defendant/respondent in the above suit, raised valid
contention to defeat the attachment sought for.
I have gone through Ext.P5 order. It appears that the same is a conditional attachment order. In a case like this where, the defendant/respondent
filed objection a conditional order of attachment of the nature now produced should not have been passed without hearing the other side. But I am not
inclined to interfere with the impugned order.
Therefore, I am inclined to direct the learned Sub Judge to hear the petitioner and respondent in this matter and pass orders on merits after hearing
both sides. The learned Sub Judge is directed to hear and dispose of I.A.No.1 of 2020 in O.S.No.181 of 2020 on the file of the Principal Sub Court,
Thiruvananthapuram at the earliest, at any rate, within a period of two weeks from the date of production or receipt of a copy of this judgment.