Nandini vs Madhavan
2021 Latest Caselaw 10160 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                 &

     THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                    OP (FC).No.148 OF 2021

 AGAINST THE ORDER/JUDGMENT IN OP 1226/2020 DATED 17-02-
              2021 OF FAMILY COURT,THRISSUR


PETITIONER:

              NANDINI, AGED 72 YEARS, D/O.CHAVARATTIL
              PANGAN, W/O.PANGIL MADHAVAN, PANGIL HOUSE,
              PONNORE, THRISSUR-680 552.

              BY ADVS.
              SMT.M.R.REENA
              SRIP.S.SUJETH

RESPONDENTS:

     1        MADHAVAN, AGED 78 YEARS, PANGIL VELAYUDHAN,
              PANGIL HOUSE, PONNORE, THRISSUR-680 552.

     2        JAYAN, AGED 50 YEARS, S/O.MADHAVAN, PANGIL
              HOUSE, PONNORE, THRISSUR-680 552.

              R1-2 BY ADV. SRI.ARUN ASHOK
              R1-2 BY ADV. SMT.NEENA JAMES

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
25-03-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.148 OF 2021

                                     ..2..




                                JUDGMENT

Dated this the 25th day of March 2021 A.Muhamed Mustaque, J

This original petition was filed by the

petitioner in O.P. No.1226 of 2020 on the file of

the Family Court, Thrissur. The petitioner filed a petition for claiming a sum of Rs.17,80,000/- from

the respondent along with an application for

attachment before judgment. That was allowed.

2. Pending the matter, two separate

interlocutory applications have been filed. I.A.

No.5 of 2021 was filed by the respondent herein for

clarifying that the attachment effected does not

cover the property covered by the Will deed

No.106/92. The petitioner herein filed I.A No.6 of

2021 to amend the attachment schedule so as to

incorporate the details of the Will in the

attachment schedule property. These applications

were considered together.

3. The Family Court, Thrissur allowed I.A No.5 OP (FC).No.148 OF 2021

..3..

of 2021 and clarified that the attachment does not

cover the property covered by the Will deed

No.106/92 and dismissed I.A No.6 of 2021 filed by

the petitioner herein to incorporate the details

regarding the Will.

4. As seen from the attachment schedule, the

total extent of the land is 42 cents. Admittedly,

the attachment schedule contains 42 cents. The

respondent had no case that he has more than 42

cents of land. The clarification issued as above is

sustained and it would amount to lifting the

attachment to the extent of the property covered by

the Will. The attempt of the petitioner was only to

incorporate the details of the property with

reference to it's title deed. That cannot be

construed as bringing a new property for attachment.

5. In view of the above, we are of the view

that the Family Court, Thrissur erred in arriving at

a conclusion in exercise of its jurisdiction.

Accordingly, the impugned order is set aside. I.A. OP (FC).No.148 OF 2021

..4..

No.5 of 2021 filed by the respondent herein is

dismissed. I.A. No.6 of 2021 is allowed. However,

nothing prevents the respondent from approaching the

Family Court for lifting the attachment. So also he

can seek the lifting of attachment in respect of any

property covered by any deed on being able to

convince the Court that such portion is only

sufficient for the purpose of satisfying the decree.

This original petition is allowed as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE

PR OP (FC).No.148 OF 2021

..5..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 CERTIFIED COPY OF THE ORDER DATED 17.02.2021 OF THE HON'BLE FAMILY COURT, THRISSUR.

EXHIBIT P2 A TRUE COPY OF THE OP NO.1226/2020 PENDING BEFORE THE HON'BLE FAMILY COURT, THRISSUR.

EXHIBIT P3 A TRUE COPY OF THE INTERIM ATTACHMENT PETITION FILED AS IA NO.2/2020.

EXHIBIT P4 A TRUE COPY OF THE PETITION TO LIFT THE ATTACHMENT FILED BY THE RESPONDENTS AS IA NO.5/2021.

EXHIBIT P5 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN IA NO.5/2021.

EXHIBIT P6 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER TO AMEND THE ATTACHMENT SCHEDULE PROPERTY AS IA NO.6/2021.