Noushad vs Vijayakrishnan Advocate - JOHN VARGHESE — 38/2025

Case Summary: OS.38/2025 - Noushad v. Vijayakrishnan Advocate Outcome: The petition for attachment before judgment was allowed with costs. The court attached the property in dispute for Rs. 20 lakhs to secure the petitioner's claim. Key Facts: Noushad paid Rs. 20 lakhs as advance consideration under a sale agreement dated 22.08.2024 to purchase property from Vijayakrishnan for Rs. 1,60,000 per cent. The sale did not proceed because nearby property owners objected to the petitioner's intended concrete block manufacturing unit, citing pollution concerns. The petitioner sought attachment of the property after learning the respondent intended to transfer it to defeat any judgment in his favor. Reasoning: The court found that while the respondent held the advance amount and the contract's forfeiture clause required adjudication, permitting property alienation before trial would cause irreparable hardship to the petitioner, who has provided a convincing reason for non-performance. This case analysis is maintained by casestatus.in based on publicly available court records.