Kerala High Court
Binu Somarajan vs Indrajith on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 12th day of January 2023 / 22nd Pousha, 1944
IA.NO.1/2023 IN MAT.APPEAL NO. 708 OF 2022
OP(OTHERS) 466/2017 OF FAMILY COURT, CHAVARA, KOLLAM
PETITIONER/APPELLANT:
BINU SOMARAJAN, AGED 48 YEARS, S/O.SOMARAJAN, THARAMEL VEEDU,
SOORANADU NORTH, KUNNATHOOR TALUK, WORKING AT AMIAS HOLDING, COMPANY
LIMITED, BURAIDHA STREET, HAI-AL RAYYAN, RIYATH, KSA REPRESENTED BY
HIS POWER OF ATTORNEY HOLDER, REJI.S, AGED 43 YEARS, S/O.SUDHAKARAN,
KUNNAYYATHU PADEETTATHIL, ALUMKADAVU P.O, NAMBARUVIKALA,
KARUNAGAPPALLY, KOLLAM DISTRICT - 690573.
RESPONDENTS/RESPONDENTS:
1. INDRAJITH, AGED 19 YEARS, S/O.BINU SOMARAJAN & JINI RAJ, LILAK
(PALESSERIL), MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE,KARUNAGAPPALLY
TALUK, KOLLAM DISTRICT - 690518.
2. INDRAJA, AGED 16 YEARS, D/O. BINU SOMARAJAN & JINI RAJ, LILAK
(PALESSERIL), MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY
TALUK, KOLLAM DISTRICT - 690518 (MINOR REPRESENTED BY THE 3RD
RESPONDENT HER MOTHER).
3. JINI RAJ, AGED 39 YEARS, D/O.RAJAN, LILAK (PALESSERIL), MANAPPALLY
SOUTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT -
690518.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the Family
Court, Chavara to release the attachment of the term deposit in
E.A.No.100/2022 in E.P.26/2022 so as to enable the judgment debtor to
withdraw and deposit the required amount to comply with the interim order
dated 29.11.2022 in IA No.1/2022 in Mat.Appeal No.708/2022 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 M/S.K.SIJU, S.ABHILASH and ANJANA KANNATH, Advocates for the
applicants, and of M/S.UMMUL FIDA, C.IJLAL, JAI GOVIND M.J. and NIMMY
JOHNSON Advocates for the respondents, the court passed the following:
p.t.o.
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------------
I.A.No.1 of 2023
in
Mat.Appeal No.708 of 2022
-----------------------------------------------------------
Dated this the 12th day of January, 2023
ORDER
P.G.Ajithkumar, J.
The appellant has filed this petition seeking to issue a
direction to the Family Court, Chavara to withdraw attachment
as per the order in E.A.No.100 of 2022 in E.P.No.26 of 2022 in
O.P.No.466 of 2017 in respect of a term deposit made by him.
As per the order dated 29.11.2022 in I.A.No.1 of 2022 this
Court granted interim stay of execution of the decree in
O.P.No.466 of 2017 on condition that the appellant shall deposit
50% of the total decree debt.
The petitioner-appellant would contend that an amount of
Rs.18 lakhs is due from the appellant to the respondents as per
the impugned decree. The Family Court ordered to attach Rs.30
lakhs, which was deposited by the petitioner in a fixed deposit
account in the joint name of himself and the minor child with the
Federal Bank, Thamarakulam Branch. He has liability to pay a
I.A.No.1 of 2023 in
Mat.Appeal No.708 of 2022
term loan also. In such circumstances the petitioner seeks a
direction to the Family Court as pointed above, so that he can
comply with the direction of this Court.
Heard the learned counsel appearing for the petitioner and
the learned counsel appearing for the respondents.
The attachment was ordered by the Family Court taking
into account the circumstances obtained in E.P.No.26 of 2022.
Therefore, it is appropriate to leave the request of the petitioner
made in this petition to be decided by the Family Court.
Therefore, this petition is disposed of granting extension of one
month from today to make the deposit as per the order dated
29.11.2022 and directing the Family Court to take a decision, if
the petitioner files an application for withdrawing attachment in
respect of the deposit, in whole or part, the petitioner claimed to
have made in the name of himself and the minor children.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
12-01-2023 /True Copy/ Assistant Registrar
