Kerala High Court
Shiji K vs Pramod V.Chandran on 13 June, 2025
Author: Sathish Ninan
Bench: Sathish Ninan
2025:KER:41901
OP (FC) NO. 272 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 13TH DAY OF JUNE 2025 / 23RD JYAISHTA, 1947
OP (FC) NO. 272 OF 2025
AGAINST THE ORDER DATED 18.03.2025 IN I.A.1/2025 in
OP(OTHERS) NO.138 OF 2025 OF FAMILY COURT,KOLLAM
PETITIONERS/PETITIONERS IN OP:
1 SHIJI K, AGED 41 YEARS
D/O.KAMALAMMA, MADATHIL VEETTIL,
PUNUKKANNOOR, ALUMMOODU P.O.,
KOTTAMKARA VILLAGE,
KOLLAM, PIN - 691577
2 ANANYA, AGED 13 YEARS
(MINOR), REPRESENTED BY HER MOTHER SHIJI, K.,
D/O.KAMALAMMA, AGED 41 YEARS,
MADATHIL VEETTIL, PUNUKKANNOOR,
ALUMMOODU P.O., KOTTAMKARA VILLAGE,
KOLLAM, PIN - 961577
BY ADVS.
SHRI.B.MOHANLAL
SMT.P.S.PREETHA
SHRI.ASWIN V. NAIR
SHRI.KARTHIK J SEKHAR
SHRI.ABIJITH M.
SMT. AVANI NAIR
SMT.JAYAPRABHA ARJUN
SMT.PRAVEENA T.
2025:KER:41901
OP (FC) NO. 272 OF 2025 2
RESPONDENT/RESPONDENT IN OP:
PRAMOD V.CHANDRAN
AGED 45 YEARS
S/O.VIJAYACHANDRAN NAIR,
PALLIYADIYIL, JANMAMKULAM,
MAYYANADU P.O., MAYYANADU VILLAGE,
KOLLAM, PIN - 691303
BY ADVS.
SRI.K.M.ANEESH
SRI.ADARSH KUMAR
SRI.DILEEP CHANDRAN
SRI.SHASHANK DEVAN
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
13.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:41901
SATHISH NINAN & P.KRISHNA KUMAR, JJ
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OP(FC)No.272 of 2025
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Dated this the 13th day of June, 2025
JUDGMENT
Sathish Ninan.J
The original petition has been filed challenging the
dismissal of an application for interim injunction. The
proceedings arise from an Original Petition on the files of
Family Court, filed by the wife and daughter against the
husband, seeking declaration of one-half rights of the
daughter over the plaint 'A' schedule property, prohibitory
injunction, maintenance, and other reliefs.
2. The wife and the daughter filed an
interlocutory application as I.A.No.1 of 2025 seeking an
interim order of injunction against alienation of the plaint
'A' schedule property.
3. The trial court noticed that, prima facie, the
daughter cannot claim any right over the property when the
father is alive. The court also noted that the father has
undertaken in his counter affidavit filed to the interlocutory
application that, he has no intention to alienate the
property. Accordingly, the application was dismissed.
3. We have heard the learned counsel on both sides.
4. We do not think it appropriate or necessary to go
into the merits of the claims made in the original petition at
this stage. In the interlocutory application, the wife and
daughter has sought an order to restrain the husband from
alienating the petition 'A' schedule property, including the
residential building thereon, pending disposal of the original
petition.
5. In the counter affidavit filed by the husband to
the I.A. it is stated thus:-
"എത ർകക A പട ക വസത അന ർക കകമ റ ച യയ ൻ
ഉദ ശ കന ല തതമ ണ."
The learned counsel for the husband also affirms before this
Court that the husband will not sell away the property
pending disposal of the original petition by the Family
Court.
6. Needless to say that an undertaking made before
the Court is as good as and is operative as an order by the
Court. In the light of the under taking as above, we do not
think that any order of injunction as sought need to be
passed.
7. We dispose of this Original Petition directing
that I.A.No.1 of 2025 will stand ordered recording the
undertaking made by the husband as above. The Family Court to
communicate this order to the Sub-Registrar Office (S.R.O.)
concerned at the petitioners' expense.
If either of the parties makes a request to the Court
for an expeditious disposal, the Court may consider the same.
The Original Petition (FC) is disposed of as above.
Sd/-
SATHISH NINAN, JUDGE
Sd/-
P.KRISHNA KUMAR, JUDGE
dlk/13.06.
//True Copy//
P.A. To Judge
APPENDIX OF OP (FC) 272/2025
PETITIONERS EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.P.
(OTHERS)NO:138/2025 DATED 29/01/2025 FILED BY
THE PETITIONERS BEFORE THE FAMILY COURT,
KOLLAM
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION IN
I.A.NO:1/2025 IN O.P.(OTHERS)NO:138/2025
BEFORE THE FAMILY COURT, KOLLAM DATED
29/01/2025 FILED BY THE PETITIONERS BEFORE
THE FAMILY COURT, KOLLAM
EXHIBIT P3 THE TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT AGAINST EXT P2 DATED 15/02/2025
BEFORE THE FAMILY COURT, KOLLAM
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 18/03/2025
IN I.A.NO:1/2025 IN O.P.(OTHERS)NO:138/2025
OF THE FAMILY COURT, KOLLAM
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