property by the defaulter. All these aspects, evidently, do not seem to have been considered by the Family Court before passing the impugned order. In the said circumstances, I have no hesitation to say that in the light of Abdulrahiman's case (supra) and Muhammed Kutty's case (supra) the impugned order was passed mechanically without any application of mind. In the result, the impugned order of the Family Court is set aside. Since the revision petitioner is undergoing sentence he is now, to be released. As noticed earlier, there was nothing on record to reveal the real period covered by the application submitted by the respondents that led to the sentence of imprisonment of the revision petitioner. If the period covered by the application in question that led to the issuance of the impugned order is more than the period which could be covered by the term of imprisonment undergone by the revision petitioner, then, the Family Court will take up the application and pass appropriate orders after considering the application afresh. For deciding on such issues, the parties shall appear before the Family Court on 28.6.2012. On such appearance, the aforesaid questions shall be considered, in accordance with law, and if a fresh consideration of the application is required, in view of this order, the Family Court shall pass appropriate orders in accordance with law and taking into account the
