Kerala High Court
Mohanan P.S vs Haritha Aravind on 4 August, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:57910
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
OP (FC) NO. 433 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 04.04.2025 IN OP(OTHERS) NO.189
OF 2025 OF FAMILY COURT, PUNALUR
PETITIONERS/RESPONDENTS 2 AND 3/RESPONDENTS 2 AND 3:
1 MOHANAN P.S.
AGED 66 YEARS
S/O P.A.SANKARAN, AMOOOTTY, AYIRAKUZHY P.O., CHITHARA,
MANKODE VILLAGE, KOLLAM DISTRICT, PIN - 691559
2 ANEESHA MOHANAN
AGED 59 YEARS
W/O P.S.MOHANAN, AMOOOTTY, AYIRAKUZHY P.O., CHITHARA,
MANKODE VILLAGE, KOLLAM DISTRICT, PIN - 691559
BY ADV SRI.LATHEESH SEBASTIAN
RESPONDENTS/PETITIONER & 1ST RESPONDENT/PETITIONER & 1ST RESPONDENT:
1 HARITHA ARAVIND
AGED 27 YEARS
D/O ARAVINDAKSHAN C.P., KAILASAM, YEROOR DESOM, YEROOR P.O.,
YEROOR VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT, PIN - 691312
2 NEERAJ MOHAN
AGED 28 YEARS
S/O P.S.MOHANAN, AMOOOTTY, AYIRAKUZHY P.O., CHITHARA,
MANKODE VILLAGE, KOLLAM DISTRICT, PIN - 691559
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 04.08.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(FC).No.433 of 2025
2
2025:KER:57910
JUDGMENT
Devan Ramachandran, J.
The petitioners challenge Ext.P7 order of the learned Family Court, Punalur, which has ordered interim attachment of their scheduled properties at the instance of the respondents; and has directed them to furnish security, either for an amount Rs.90 lakhs or the plaint claim.
2. Sri.Latheesh Sebastian - appearing for the petitioners, argued that Ext.P7 is wrong because, the learned Court has considered the merits of all the assertions of the rival parties; to then issue an order under Order XXXVIII Rule 5 of the Code of Civil Procedure (CPC). He argued that, when the learned Family Court has already prejudged all the issues, nothing remains for trial in the Original Petition. He thus prayed that Ext.P7 be set aside.
3. We notice from the endorsements on file that though this Court has issued notice to the parties, it has been served only on respondent.No2; but not on respondent.No1. OP(FC).No.433 of 2025 3
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4. However, we are of the firm opinion that it is not necessary for this Court to await service in view of the limited relief that we propose to grant.
5. There is some force in the submissions of Sri.Latheesh Sebastian that, when the learned Family Court considered the application filed under Order XXXVIII Rule 5, it was not necessary to enter into the merits of any of the rival contentions ; but only to have seen whether the petitioners are likely to dispose of their property or create encumbrances on it, in order to defeat a decree that may be obtained by the respondents. Unfortunately, we see that the learned Family Court has affirmatively entered into the merits of the matter itself.
6. We are without doubt that there is a remedy available to the petitioners to show cause, in terms of Ext.P7, invoking the provisions of Order XIIIVIII Rule 6 of the Code of Civil Procedure (CPC). If such cause is shown, then it is for the learned Family Court to decide whether the provisions of Order XXXVIII of CPC are attracted; and then to issue a final order. Of course, this will have to be done without entering into the merits of any of the rival contentions.
OP(FC).No.433 of 20254
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7. In such a perspective, we allow this Original Petition to a limited extent, clarifying that nothing contained therein on the merits of the case shall influence the learned family Court, while it disposes of the application under Order XXXVIII Rule 6 of the CPC.
Needless to say, the liberty of the petitioners to show cause in terms of Ext.P7; and for the parties to seek other remedies, as may be available to them in law, are fully left open.
Sd/-
DEVAN RAMACHANDRAN, JUDGE Sd/-
M.B. SNEHALATHA, JUDGE Mms OP(FC).No.433 of 2025 5 2025:KER:57910 APPENDIX OF OP (FC) 433/2025 PETITIONERS EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION IN O.P. NO.67/2025 FILED BY THE 2ND RESPONDENT BEFORE THE FAMILY COURT, PUNALUR DATED 30.01.2025 Exhibit P2 TRUE COPY OF THE PETITION IN O.P (OTH) NO.189/2025 BEFORE THE FAMILY COURT, PUNALUR DATED 04.03.2025 Exhibit P3 TRUE COPY OF THE ATTACHMENT PETITION FILED AS IA NO. 1/2025 IN O.P.(OTH) NO.189/2025 FILED BEFORE THE FAMILY COURT, PUNALUR DATED 04.03.2025 Exhibit P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS ALONG WITH THE 2ND RESPONDENT ON 13.03.2025 IN O.P.(OTH) NO.189/2025 FILED BEFORE THE FAMILY COURT, PUNALUR Exhibit P5 TRUE COPY OF THE ADDITIONAL OBJECTION FILED BY THE PETITIONERS DATED 24.03.2025 Exhibit P6 TRUE COPY OF THE VALUATION CERTIFICATE OF THE 1ST SCHEDULE OF PROPERTY SOUGHT TO BE ATTACHED DATED 19.03.2025 Exhibit P6(a) TRUE COPY OF THE VALUATION CERTIFICATE OF THE 2ND SCHEDULE OF PROPERTY SOUGHT TO BE ATTACHED DATED 19.03.2025 Exhibit P7 TRUE COPY OF THE ORDER OF THE COMMON ORDER ON 04.04.2025 IN IA NO. 1 /2025 IN OP(OTH) 67/2025 AND IA NO. 1 /2025 IN OP(OTH) 189/2025 OF FAMILY COURT, PUNALUR