John Cherian vs A Suresh Kumar
2022 Latest Caselaw 9970 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                       &
                   THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
                            ST
           WEDNESDAY, THE 31   DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                            OP (FC) NO. 289 OF 2022
         I.A.NO.3 OF 2022 IN OP 347/2022 OF THE FAMILY COURT, THRISSUR
PETITIONERS/RESPONDENTS 2 & 3:

      1      JOHN CHERIAN, AGED 76 YEARS, S/O. DAVID,           EZHUTHUPURAKKAL
             HOUSE, UMA NAGAR, FIRST STREET,       KOLAZHI (P.O), THRISSUR
             DISTRICT-680010.

      2      LILLY JOHN CHERIAN, AGED 68 YEARS,
             W/O. JOHN CHERIAN, EZHUTHUPURAKKAL HOUSE, UMA NAGAR,        FIRST
             STREET, KOLAZHI (P.O), THRISSUR DISTRICT-680010.

             BY ADVS.
             JOBY JACOB PULICKEKUDY
             ANIL GEORGE
             DAJISH JOHN
             HARIKRISHNAN P.
             POOJA SEBASTIAN

RESPONDENTS/PETITIONER-RESPONDENT 1, 4 AND 5:

      1      A SURESH KUMAR @ SURESHKUMAR ARUMUGHAM, AGED ABOUT 47 YEARS
             S/O. ARUMUGHAM, NO.44, VELLALAR STREET, MIN NAGAR
             KANCHEEPURAM -1, TAMILNADU STATE-631501.

      2      SIMI, AGED 41 YEARS, W/O. A. SURESH KUMAR,           EZHUTHUPURAKKAL
             HOUSE, UMA NAGAR, FIRST STREET, KOLAZHI (P.O), TRISSUR DISTRICT-680
             010.

      3      THE SECRETARY, KOLAZHI SERVICE COOPERATIVE BANK LTD,
             KOLAZHI P.O, THRISSUR DISTRICT -680010.

      4      THE MANAGER, FEDERAL BANK LTD, KOLAZHI BRANCH, KOLAZHI P O, TRISSUR
             DISTRICT, PIN - 680010.

             BY ADVS.
             VINOD BHAT S
             K.S.SUMEESH
             K.T.BOSCO
             P.DARLY JOHN(K/540/2008)
             ANAGHA LAKSHMY RAMAN(K/000767/2015)
             GREESHMA CHANDRIKA.R(K/807/2020)

      THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 31.08.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC) No.289 of 2022
                                        2




                                JUDGMENT

A.Muhamed Mustaque, J.

This original petition is at the instance of respondents 2 and

3 in OP No.347 of 2022 on the file of the Family Court, Thrissur.

They approached this Court aggrieved by an order of attachment.

According to them, there are no allegations raised in the original

petition to attract any impending liability, on a decree to be

passed by the Family Court, Thissur, and therefore, attachment is

unnecessary. It is further submitted that the original petition is

not maintainable as against them.

2. We are not going into the merits of the case. The

petitioners submitted that they have no intention to alienate or

transfer the property pending the proceedings before the Family

Court, Thrissur. In such circumstances, we are of the view that

the attachment can be lifted. Accordingly, we order so.

However, the petitioners shall not transfer or alienate or

encumber the property without the orders from the Court. The

Family Court, Thrissur, is directed to communicate this order to OP(FC) No.289 of 2022

the Sub Registrar concerned.

This original petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE DSV/31.08.2022 OP(FC) No.289 of 2022

APPENDIX OF OP (FC) 289/2022

PETITIONERS' EXHIBITS :

Exhibit P1 THE TRUE PHOTOCOPY OF THE ORIGINAL PETITION IN OP NO. 347 OF 2022.

Exhibit P2 THE TRUE PHOTOCOPY OF PRELIMINARY OBJECTION FILED BY THE PETITIONERS.

Exhibit P3 THE TRUE PHOTOCOPY OF IA NO.3 OF 2022 IN OP NO.347 OF 2022.

Exhibit P4 THE TRUE PHOTOCOPY OF OBJECTION IN IA NO.3 OF 2022.

Exhibit P5 THE TRUE PHOTOCOPY OF IA NO.4 OF 2022.

Exhibit P6 THE TRUE PHOTOCOPY OF OBJECTION IN IA NO.4 OF 2022.

Exhibit P7 TRUE PHOTOCOPY OF ORDER IN IA NO 3/2022 IN OP NO 347/2022 OF THE FAMILY COURT THRISSUR.

RESPONDENTS' EXHIBITS:                      NIL