Kerala High Court
Geethu Immanuel vs Geethu Immanuel on 23 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
OP (FC).No.450 OF 2020
AGAINST THE ORDER DATED 2/4/19 IN IA.NO.777/19 IN OP 860/2016 OF
FAMILY COURT,THRISSUR
PETITIONER/PETITIONER/3RD RESPONDENT:
GEETHU IMMANUEL
AGED 52 YEARS
W/O EMMANUEL JACOB, PARAYARUTHOTTAM HOUSE,
THRUPPOONITHURA,KUREEKKAD P.O.ERANKAULAM DISTRICT
BY ADVS.
SHRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SMT.CHITHRA.S.BABU
SRI.R.N.SANDEEP
RESPONDENT/RESPONDENT/PETITIONER:
LIMA
AGED 32 YEARS
D/O C.V.MATHEW, CHATHANATT HOUSE, PATTIKKAD DESOM,
KANNARA PO.THRISSUR TALUK AND DISTRICT, PIN-680 652.
BY ADV. SRI.SAJEEV.T.P.
BY ADV. SMT.GOVINDU P.RENUKADEVI
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.450/2020
2
JUDGMENT
Dated this the 23rd day of March 2021
DR. KAUSER EDAPPAGATH, J
The petitioner challenges Ext.P3 order passed by the Family
Court, Thrissur. The petitioner was the 3rd respondent in
O.P.No.860/2016 of the Family Court, Thrissur. The respondent herein
was the petitioner. The original petition was filed for return of gold
ornaments and money.
2. During the pendency of the original petition, the property of
the petitioner herein was attached before judgment. Thereafter, the
original petition was decreed. The decree has been challenged before
this Court in Mat.A.No. 1144/2018 and a stay was granted by this Court
on condition that the appellant furnishes security for the entire decree
amount to the satisfaction of the Family Court. Thereafter, security
was furnished before the court below and it was accepted. The court
below was not willing to lift the attachment, holding that the
attachment before judgment will remain till the decree is satisfied.
The petition filed by the petitioner to lift the attachment was
accordingly dismissed as per Ext.P3 order.
3. When sufficient security is furnished, attachment is liable to
O.P.(FC).No.450/2020
be lifted. Moreover, security has been furnished as per the order of
this Court. Hence we are of the view that Ext.P3 is liable to be set
aside and we set aside Ext.P3. Accordingly, we lift the order of
attachment accepting the security offered. The petitioner shall
produce a copy of this judgment before the Family Court. The Family
Court is directed to communicate the lifting of attachment to the SRO
concerned.
The O.P.(FC) is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
kp True copy JUDGE
P.A. To Judge
O.P.(FC).No.450/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER DATED 11.9.2018 IN OP
860/16 ON THE FILE OF FAMILY COURT,
THRISSUR
EXHIBIT P2 TRUE COPY OF IA 777/19 IN OP 860/16 ON THE
FILE OF FAMILY COURT,THRISSUR
EXHIBIT P3 TRUE COPY OF ORDER DATED 2//4/19 IN I.A
777/19 IN OP 860/16 ON THE FILE OF FAMILY
COURT THRISSUR
EXHIBIT P4 TRUE COPY OF ORDER DATED 8.10.2020 IN IA
1/2020 IN MAT A 1144/18 BEFORE THIS HON'BLE
COURT
