Kerala High Court
Indukala.P.K vs Sooraj on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
IA.NO.1/2021 IN MAT.APPEAL NO. 586 OF 2020
OP 990/2014 OF FAMILY COURT, KOTTAYAM
PETITIONER/APPELLANT:
INDUKALA.P.K., AGED 33 YEARS, D/O. KALESHAN B, RAKENDU (H),
VALIYANNUR VILLAGE, VARAM (P.O), KANNUR TALUK, KANNUR DISTRICT-670
594
RESPONDENTS/RESPONDENTS:
1. SOORAJ, AGED 36 YEARS, S/O. SURESH, SOUPARNIKA (H), CHALUKKUNNU P.O,
KOTTAYAM VILLAGE,KOTTAYAM MUNICIPALITY, KOTTAYAM DISTRICT-PIN-686
001
2. ANITHA RANI, AGED 57 YEARS, W/O. SURESH, SOUPARNIKA (H),CHALUKKUNNU
P.O, KOTTAYAM VILLAGE, KOTTAYAM MUNICIPALITY, KOTTAYAM DISTRICT,
PIN-686 001
3. SURESH T.V, AGED 68 YEARS, D/O.VELAYUDHAN, SOUPARNIKA (H),
CHALUKKUNNU P.O, KOTTAYAM VILLAGE, KOTTAYAM MUNICIPALITY, KOTTAYAM
DISTRICT, PIN-686 001
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the
respondents to return the gold ornaments weighing 27.63875 soverigns,
belonging to me which are in their custody, reported in Ext.C1, C1(a) and
confirmed in judgment and decree dated 23.06.2020 of the court below.
This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.KALA G.NAMBIAR, A.AMRUTHA VIDYADHARAN and F.ANCY, Advocates for the
applicant, and of M/s.ALEX.M.SCARIA and SARITHA THOMAS Advocates for the
respondents, the court passed the following:
P.T.O.
A.MUHAMED MUSTAQUE &
SOPHY THOMAS, JJ.
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I.A No.1 of 2021 IN
Mat. Appeal No.586 of 2020
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Dated this the 2nd day of November, 2021
ORDER
A.Muhamed Mustaque, J.
This application is filed by the appellant seeking a
direction to the respondents to release 27.63875 sovereigns of
gold ornaments as mentioned in Exts.C1 and C1(a), referred in
the impugned judgment and decree. The above gold
ornaments are lying in the locker maintained with the State
Bank of Travancore, Nagampadam Branch, Kottayam,
presently SBI. The locker stands in the name of the
1st respondent. There is no challenge against release of gold
ornaments. The 1st respondent has no objection in releasing
the gold ornaments as mentioned in the commission report.
However, it is submitted that without resorting to the
execution petition, an application like this should not have
been filed before this Court.
In the light of the fact that there is no challenge against
release of gold ornaments as mentioned in Exts.C1 and C1(a)
referred in the impugned judgment and decree, we consider
that it is appropriate that the same Commissioner who
prepared Ext.C1 report be appointed to take inventory of the
gold ornaments lying in the locker and release to the appellant
herein as against receipt. This shall be done in the presence
of the 1st respondent. The 1st respondent shall facilitate
opening the locker and also for such release of gold
ornaments. We direct the Family Court, Ettumanoor to
appoint the Advocate Commissioner who prepared Ext.C1
report for the above purpose. The appellant shall pay a sum
of Rs.5,000/- (Rupees five thousand only) as batta to the
Advocate Commissioner.
This I.A is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
smp
02-11-2021 /True Copy/ Assistant Registrar
