Remya T.K vs Mukesh Mohan
2021 Latest Caselaw 20349 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
                THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
         Thursday, the 30th day of September 2021 / 8th Aswina, 1943
                    IA NO. 2/2021 IN MAT.APPEAL NO. 700 OF 2020
                   OP 263/2014 OF FAMILY COURT,ERNAKULAM,
APPELLANT/PETITIONER:

     REMYA T.K, AGED 36 YEARS, D/O. T.V. KUNJUMON, THAZHISSERY HOUSE,
     PUSHPAKA ROAD, VADUTHALA P.O, PIN-682 012, VADUTHALA DESOM,
     CHERANELLOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

RESPONDENT/RESPONDENT:

  1. MUKESH MOHAN, AGED 40 YEARS, S/O. A.K. MOHAN, KRISHNA BHAVAN, ROYAL
     GARDENS, MLA ROAD, UDAYAMPEROOR-682 307, AND NOW RESIDING AT ADATTU
     HOUSE, KUNJI THOMMAN ROAD, NELLIMATTOM, NELLIMATTOM KARA,
     KUTTAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT,
     PIN-686 691
  2. MOHAN A.K, AGED 68 YEARS, S/O. DAMODARAN, KRISHNA BHAVAN, ROYAL
     GARDENS, MLA ROAD, UDAYAMPEROOR-682 307
  3. DEVAYANI T.K, AGED 68 YEARS, W/O. MOHAN A.K, KRISHNA BHAVAN, ROYAL
     GARDENS, MLA ROAD, UDAYAMPEROOR-682 307


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order of
attachment of the immovable properties of the respondents specified in the
schedule filed herewith in the interest of justice.

     This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of ADV P.S.NARAYANA RAJA Advocate for the applicant, and of M/S ABRAHAM
P.GEORGE,M.SANTHY,Advocates for the respondents, the court passed the
following:
    A.MUHAMED MUSTAQUE & Dr.KAUSER EDAPPAGATH, JJ.
 --------------------------------------------------
                Mat.Appeal No.700 of 2020
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     Dated this the 30th day of September, 2021

                          O R D E R

A.Muhamed Mustaque, J.

I.A.No.2 of 2021

This is an application for attachment. The total claim

made by the appellant against respondents was for the

recovery of 146.5 sovereigns of gold ornaments and realisation

of Rs.21 lakhs. The Family Court allowed the recovery of 88

sovereigns of gold ornaments. The appellant is seeking

attachment before the judgment for the remainder of the

claims which had been rejected by the Family Court. This

application has been stoutly opposed by the learned counsel for

the respondents. It is submitted that the respondents are

prepared to return 88 sovereigns of gold ornaments and

furnish security for the balance.

The appellant was unsuccessful in regard to the claim for

146.5 sovereigns of gold ornaments and also for the realisation

of Rs.21 lakhs.

In the light of the submission by the learned counsel for

the respondents, we dispose of this application with the

following direction:

I. The respondents shall return 88 sovereigns of gold

ornaments to the appellant through the Family Court.

II. The respondents shall furnish security for a sum of

Rs.30 lakhs ( Rupees thirty lakhs only) within a period of one

month.

Mat.Appeal

Post this matter in the usual course along with connected cases.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

DR.KAUSER EDAPPAGATH, JUDGE ln

30-09-2021 /True Copy/ Assistant Registrar