John Cherian vs a Suresh Kumar

John Cherian vs A Suresh Kumar

Type Court Judgment Court Kerala Decided Aug 31, 2022

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https://sooperkanoon.com/case/1482852

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Citation: sooperkanoon.com/1482852
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Sophy Thomas
Decided On: Aug 31, 2022
Case Number: OP (FC)/289/2022

Parties & Advocates

Appellant / Petitioner

John Cherian

Respondent

A Suresh Kumar

Excerpt

.....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. thepetitioners 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 the sub registrar concerned. this original petition is disposed of. a.muhamed mustaque sophy thomas dsv/31.08.2022 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 exhibit p5 the true photocopy of ia no.4 of 2022. exhibit p6 the true photocopy of objection in ia no.4 of exhibit p7 true photocopy of order in ia no 3/2022 in op no 347/2022 of the family court thrissur. respondents’ exhibits: nil

Full Judgment

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. 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. 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:

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 the Sub Registrar concerned. This original petition is disposed of. A.MUHAMED MUSTAQUE SOPHY THOMAS DSV/31.08.2022 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 Exhibit P5 THE TRUE PHOTOCOPY OF IA NO.4 OF 2022. Exhibit P6 THE TRUE PHOTOCOPY OF OBJECTION IN IA NO.4 OF Exhibit P7 TRUE PHOTOCOPY OF ORDER IN IA NO 3/2022 IN OP NO 347/2022 OF THE FAMILY COURT THRISSUR. RESPONDENTS’ EXHIBITS: NIL

Same Court & Year Kerala · 2022 Same Parties John Cherian vs A Suresh Kumar Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...