IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP(C) NO. 970 OF 2025 OS NO.28 OF 2025 OF MUNSIFF COURT, NILAMBUR PETITIONER: SHIMIL K, AGED 37 YEARS S/O.GOPALAN KAVUKANDI HOUSE, PULLARA P.O., POOKOTTOOR VILLAGE, ERANAD TALUK, POOKOTTOOR AMSOM, PULLARA DESOM, MALAPPURAM DISTRICT,, PIN - 673642 BY ADVS. P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT ANNA LINDA EDEN HARIKRISHNAN S. ANJALI KRISHNA ANAVADYA SANIL KUMAR S.SREEKUMAR (SR.) RESPONDENT: SRI.V.V.MATHEWS, AGED 59 YEARS S/O.THOMAS VARGHESE, VAZHAKOOTTATHIL HOUSE, KOLAKANDAM, NILAMBUR P.O. AMARAMBALAM AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT ,, PIN - 679329 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 970/2025 -2- 2025:KER:29772 JUDGMENT (Dated this the 4 th day of April, 2025) This original petition has been filed challenging Ext.P3 order dated 13.02.2025 in IA No.2/2025 in OS No.28/2025 on the files of the Munsiff Court, Nilambur, whereby the court refused to issue an order of conditional attachment of the property scheduled in Ext.P2 and only issued show-cause notice. 2. The counsel for the petitioner submits that the defendant entered appearance, and on two postings, he sought time for filing objection to Ext.P2, but till date, no objections are filed, and at any time, the defendant may alienate the property, and it would cause inconvenience and irreparable injury to the petitioner. In such circumstances, he prays that a conditional attachment be ordered till Ext.P2 is considered. It is also submitted that IA No.2/2025 is posted on 11.04.2025, for OPC 970/2025 -3- 2025:KER:29772 further hearing and for filing of objection. 3. Notice to the respondent is dispensed with, in view of the order to be passed which is only for the disposal of the present I.A. Taking into consideration the fact that the order in IA No.2/2025 was passed on 13.02.2025, and two postings have already been over, and no objections have been filed, I deem it appropriate to dispose of this original petition, directing the Trial Court to pass orders on IA No.2/2025 on the next posting itself. The original petition is disposed of as above. Sd/- BASANT BALAJI JUDGE JS OPC 970/2025 -4- 2025:KER:29772 APPENDIX OF OP(C) 970/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PLAINT IN O.S.NO.28 OF 2025 FILED BY THE PETITIONER BEFORE THE MUNSIFF’S COURT, NILAMBUR Exhibit P2 TRUE COPY OF I.A.NO.2 OF 2025 IN O.S.NO.28 OF 2025 FILED BY THE PETITIONER BEFORE THE MUNSIFF’S COURT, NILAMBUR Exhibit P3 TRUE COPY OF ORDER DATED 13-02-2024 IN I.A NO. 2 OF 2025 IN O.S.NO.28 OF 2025 OF THE MUNSIFF’S COURT, NILAMBUR