K.Jayakumar vs M.Nagamma
2022 Latest Caselaw 11910 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE P.SOMARAJAN
      Wednesday, the 21st day of December 2022 / 30th Agrahayana, 1944
                  IA.NO.1/2022 IN RFA NO. 351 OF 2006 (F)

                  OS 62/1998 OF SUB COURT, NEYYATTINKARA




PETITIONER/ ADDITIONAL 3RD RESPONDENT

     REMA DEVI,D/O. M.NAGAMMA, HOTEL SEA FACE, NUP BEACH ROAD, TC
     68/2259(2), KOVALAM, THIRUVANANTHAPURAM, PIN- 695 527, RESIDING AT
     'NIVEDYAM', N.H.BYPASS, THIRUVALLAM, THIRUVANANTHAPURAM- 695 027.

RESPONDENTS/APPELLANT & ADDITIONAL RESPONDENTS 1,2 AND 4

  1. K.JAYAKUMAR, S/O. K.KRISHNAN, KRISHNA SADANAM, ARUMANOOR, POOVAR
     P.O., THIRUVANANTHAPURAM - 695 525.
  2. M.NAGAMMA, W/O. UPENDRA PANICKAR, SEA FACE, THOTTATHU VILAKOM,
     AVADUTHURAM, KOVALAM P.O., THIRUVANANTHAPURAM - 695527 (DEAD)
  3. U. SUGATHAN, SUGATH, THOTTATHUVILAKOM, AVADUTHURA, KOVALAM P.O,
     THIRUVANANTHAPURAM- 695527.
  4. SHYAMALA DEVI , W/O. SREENIVASAN, THOTTATHUVILAKOM, AVADUTHURA,
     KOVALAM P.O., THIRUVANANTHAPURAM - 695527.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order
lifting the injunction order passed as per order in I.A. No.2184 of 2006
dated 31.07.2006 with respect to the properties scheduled in I.A. No.
 2184 of 2006, except item No. 7 and 8 and to communicate the same to the
Venganoor Sub Registry and Vizhinjam Village Office through the process of
Court.


     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. ARUN V.G., INDULEKHA JOSEPH AND NEERAJ NARAYANAN Advocates for the
petitioner in IA and of SRI.K.B.PRADEEP, Advocate for the R1 in
IA/Appelant in RFA and of the court passed the following:
                            P.SOMARAJAN, J.
                   ------------------------------
                         I.A.No.1 of 2022 in
                        R.F.A.No.351 of 2006
                   ------------------------------
             Dated this the 21st day of December, 2022
                              O R D E R

This court earlier passed an order restraining the

respondent from alienating her immovable properties

without permission by order dated 31.07.2006. It is an

application for attachment before judgment. Show cause

notice was not issued so as to furnish security for the

decree amount. This is the first appellate stage. The

suit was ended in dismissal. The appellant is not ready

to argue the appeal today. The earlier order will stand

vacated. For counter and for hearing the I.A. and the

appeal, post on 04.01.2023. The Registry is directed to

communicate the order to the trial court and also to the

Sub Registrar's office concerned. The respondent shall

take immediate steps to communicate the same.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

21-12-2022 /True Copy/ Assistant Registrar