Parvathy Babu vs Manu M
2021 Latest Caselaw 14715 Ker

Mat.Appeal No.76/2021                         1/3

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                              &
                         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
             Wednesday, the 14th day of July 2021 / 23rd Ashadha, 1943
                     I.A.NO.4/2021 IN MAT.APPEAL NO. 76 OF 2021
                 OP 237/2020 OF FAMILY COURT, ALAPPUZHA, ALAPPUZHA
   PETITONER/APPELLANT:

           PARVATHY BABU AGED 22 YEARS D/O. BABUKUTTAN, KELLEPPURAM VEEDU,
           KAVALAM PANCHAYATH, KUTTANADU TALUK, ALAPPUZHA DISTRICT, PIN-688506.

   RESPONDENTS/RESPONDENTS:

       1. MANU M., AGED 26 YEARS S/O. MADHUSOODANAN NAIR, MANU NIVAS,
          KALARCODE MURI, PARAVOOR NORTH PANCHAYATH, AMBALAPPUZHA TALUK,
          SANATHANAPURAM P.O., ALAPPUZHA DISTRICT, PIN-688003.
       2. MADHUSOODANAN NAIR, AGED 57 YEARS MANU NIVAS, KALARCODE MURI,
          PARAVOOR NORTH PANCHAYATH, AMBALAPPUZHA TALUK, SANATHANAPURAM P.O.,
          ALAPPUZHA DISTRICT, PIN-688003.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to order attachment
   before Judgment on the property mentioned in the schedule attached
   herewith pending final disposalof the above apppeal.
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of M.P.MADHAVANKUTTY, Advocate for the applicant, the court passed the
   following:
 Mat.Appeal No.76/2021                             2/3




                     A.MUHAMED MUSTAQUE & DR.KAUSER EDAPPAGATH, JJ.
                    ============================================
                               Mat.Appeal No. 76/2021
                    ============================================
                        Dated this the 14th day of July, 2021


                                               O R D E R

A.Muhamed Mustaque, J.

Though notice was served to the respondents

through the counsel appearing before the Family court,

none appears for the respondents.

I.A.No.4/2021

This is an application for interim attachment

before judgment of the property mentioned in the

schedule, pending this appeal. The property belongs

to the 2nd respondent. The 1st respondent is the son of

the 2nd respondent and husband of the appellant. There

was an attachment in respect of the property. The same was challenged by the 2nd respondent. The Family

Court found that the claim for recovery of gold

ornaments cannot be connected with the 2 nd respondent

and therefore no prima facie case was made out against

the 2nd respondent and accordingly the attachment was

lifted. Challenging the above, the appeal has been

preferred.

After going through the order, we are of the view Mat.Appeal No.76/2021 3/3

that the appellant has made out a prima facie case for

interim attachment pending this appeal. Even in the

impugned order, the Family Court found that the gold

ornaments are with the 1st respondent. In such

circumstances, we order attachment of the property

mentioned in the schedule, pending the appeal.

Registry shall take steps to communicate this order to

the appropriate authority.

Post on 9.8.2021.

sd/-

A.MUHAMED MUSTAQUE, JUDGE

sd/-

DR. KAUSER EDAPPAGATH, JUDGE

kp

14-07-2021 /True Copy/ Assistant Registrar