Kerala High Court
Prasanna vs Sethumadhavan on 30 October, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
OP (FC) NO. 649 OF 2024
AGAINST THE ORDER DATED 29.08.2024 IN I.A.3/2024 IN OP NO.645
OF 2019 OF FAMILY COURT, PALAKKAD
PETITIONER/RESPONDENT/PETITIONER:
PRASANNA
AGED 57 YEARS
W/O SETHUMADHAVAN, RESIDING AT MUTHIYANMAPATTA VEEDU,
KALAVAPPADAM, KIZHAKKENCHERY AMSOM DESOM, ALATHUR,
PALAKKAD, PIN - 678541
BY ADVS.
K.MOHANAKANNAN
A.R.PRAVITHA
ADARSH MOHAN K.
RESPONDENT/PETITIONER/RESPONDENT:
SETHUMADHAVAN
AGED 63 YEARS, S/O CHAMMUNNI RESIDING AT
MUTHIYANMAPATTA VEEDU, KALAVAPPADAM, KIZHAKKENCHERY
AMSOM DESOM, ALATHUR, PALAKKAD, PIN - 678541
BY ADVS.
Jacob Sebastian
WINSTON K.V(K/147/2010)
ANU JACOB(K/1072/2013)
BHARATH KRISHNAN G.(K/000822/2023)
SRI JACOB SEBASTIAN
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:81670
[OP (FC) Nos.649/2024, 646/2024]
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
OP (FC) NO. 646 OF 2024
AGAINST THE ORDER DATED 29.08.2024 IN I.A.6/2024 IN OP NO.61
OF 2024 OF FAMILY COURT, PALAKKAD
PETITIONER/RESPONDENT/PETITIONER:
PRASANNA
AGED 57 YEARS
W/O SETHUMADHAVAN, RESIDING AT MUTHIYANMAPATTA VEEDU,
KALAVAPPADAM, KIZHAKKENCHERY AMSOM DESOM, ALATHUR,
PALAKKAD, PIN - 678541
BY ADVS.
K.MOHANAKANNAN
A.R.PRAVITHA
RESPONDENT/PETITIONER/RESPONDENT:
SETHUMADHAVAN
AGED 63 YEARS
S/O CHAMMUNNI RESIDING AT MUTHIYANMAPATTA VEEDU,
KALAVAPPADAM, KIZHAKKENCHERY AMSOM DESOM, ALATHUR,
PALAKKAD, PIN - 678541
BY ADVS.
Jacob Sebastian
2024:KER:81670
[OP (FC) Nos.649/2024, 646/2024]
3
WINSTON K.V(K/147/2010)
ANU JACOB(K/1072/2013)
BHARATH KRISHNAN G.(K/000822/2023)
SRI JACOB SEBASTIAN
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 30.10.2024,
ALONG WITH OP (FC).649/2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:81670
[OP (FC) Nos.649/2024, 646/2024]
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JUDGMENT
DEVAN RAMACHANDRAN (J)
The petitioner in these two cases assail
Ext.P4 order in both of them, namely the order
of the learned Family Court, Palakkad, in
I.A.No.3/2024 in O.P.No.645/2019 and
I.A.No.6/2024 in O.P.No.61/2024.
2. We propose to very circumspect in
what we say in this judgment because, our
intent is to remit the matter to the learned
Family Court for fresh consideration, on
account of a technical reason. We, therefore,
state prefatorily that we have not entered into
the merits of any of the rival contentions.
3. We say as afore because, when one
examines Ext.P4, the learned Family Court has
allowed the application of the respondent and
has lifted attachment over 75 cents of property
- which is part of the larger extent which had
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[OP (FC) Nos.649/2024, 646/2024]
been earlier attached - but then directing the
respondents to produce a fresh schedule of
property, limiting the extent of such, along
with the location sketch.
4. Indubitably, this is putting the
cart before the horse - in manner of speaking,
because it is only after the schedule of
property and the location sketch had been
produced before the learned Court, could it
have taken a final decision.
5. When we say this, we are fully
cognizant of the submissions of Sri.Jacob
Sebastian - learned counsel for the respondent,
that his client's specific case is that, even
if the 75 cents of property is excluded from
attachment, the balance would be sufficient to
honour the petition claims, if not much more.
6. This, again, is a matter that the
learned Court should have assessed, after
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[OP (FC) Nos.649/2024, 646/2024]
having obtained a schedule of the extent
involved, as also its location sketch and other
inputs corroborating its value.
7. As we have said earlier, we do not
want to go into the merits of the matter; being
only enjoined to correct the error.
8. We, therefore, put into
Sri.K.Mohana Kannan - learned counsel for the
petitioner, whether his client would stand in
the way of this Court directing the learned
Family Court to reconsider the matter: and he
acceded to it. We record that there is no
objection from Sri.Jacob Sebastian to this
course either - but who prayed that the
exercise be directed to be completed within the
time frame fixed by this Court.
In the afore circumstances and for the
sole reason above, we allow these Original
Petitions and set aside Ext.P4 in both these
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[OP (FC) Nos.649/2024, 646/2024]
cases; with a consequential direction to the
learned Family Court to reconsider the
applications of the parties and then dispose it
of as per law, after affording necessary fresh
opportunities of being heard to parties; thus
culminating in appropriate final orders, as
expeditiously as is possible, but not later
than three weeks from the date of receipt of a
copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
SAS
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[OP (FC) Nos.649/2024, 646/2024]
APPENDIX OF OP (FC) 649/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF OP 645/2019 ON THE FILE OF THE
FAMILY COURT PALAKKAD DATED 29.08.2024
Exhibit P2 TRUE COPY OF THE PROPERTY SCHEDULE OF THE
PROPERTY SOUGHT TO BE ATTACHED PRODUCED IN OP
Exhibit P3 TRUE COPY OF APPLICATION TO LIFT ATTACHMENT
Exhibit P4 TRUE COPY OF THE ORDER IN IA NO. 3/2024 IN OP
NO.645/2019 OF FAMILY COURT PALAKKAD DATED
29.08.2024
Exhibit P5 TRUE COPY OF THE IA 1475 OF 2019 IN OP 645 OF
2019 .
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[OP (FC) Nos.649/2024, 646/2024]
APPENDIX OF OP (FC) 646/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF OP 61/2024 ON THE FILE OF THE
FAMILY COURT PALAKKAD DATED 29.08.2024
Exhibit P2 TRUE COPY OF THE PROPERTY SCHEDULE OF THE
PROPERTY SOUGHT TO BE ATTACHED PRODUCED ALONG
Exhibit P3 TRUE COPY OF THE APPLICATION TO LIFT
Exhibit P4 TRUE COPY OF THE ORDER IN IA NO. 6/2024 IN OP
NO.61/2024 OF FAMILY COURT PALAKKAD DATED
29.08.2024
