Disposed

Adarsh A.G v. Sarika G.S

Kerala HC15 Feb 2016OP(C)/442/2016

Case brief

AI extract

What is this about?

Petitioners approached the High Court seeking direction to the Family Court to dispose of an application for lifting an order of attachment. The court granted leave, directing the subordinate court to decide within a fixed timeframe after hearing the petitioners.

What did the court decide?

Order directing the Family Court to dispose of I.A No.37 of 2016 within three days of filing or by 03.03.2016, whichever is earlier.

Adarsh A.G Vs Sarika G.S — Property and Title | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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MONDAY, THE 15TH DAY OF FEBRUARY 2016/26TH MAGHA, 1937

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OP(C).No. 442 of 2016 (O)

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OP 487/2013 OF FAMILY COURT, KOTTARAKKARA

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PETITIONER(S):

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1. ADARSH A.G, AGED 37 YEARS,

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S/O.GOPINATHAN, HINDU, MALE,

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RESIDING AT ANJALI, CHEMPAKARAMANALLOOR, ANCHAL PO,

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PIN-691 306, EDAMULAKKAL VILLAGE, ANCHAL,

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PATHANAPURAM TALUK, KOLLAM DISTRICT.

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2. N.GOPINATHAN, AGED 69 YEARS,

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S/O.NANNOO, HINDU, MALE,

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RESIDING AT ANJALI, CHEMPAKARAMANALLOOR, ANCHAL PO,

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PIN-691 306, EDAMULAKKAL VILLAGE, ANCHAL,

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PATHANAPURAM TALUK, KOLLAM DISTRICT.

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3. G.INDIRA, AGED 64 YEARS,

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W/O.GOPINATHAN, HINDU, MALE,

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RESIDING AT ANJALI, CHEMPAKARAMANALLOOR, ANCHAL PO,

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PIN-691 306, EDAMULAKKAL VILLAGE, ANCHAL,

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PATHANAPURAM TALUK, KOLLAM DISTRICT.

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BY ADVS.SRI.M.RAJENDRAN NAIR (THONNALLOOR)

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SRI.A.D.SHAJAN

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SRI. SREEJITH R.NAIR

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RESPONDENT(S):

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1. SARIKA, AGED 26 YEARS, W/O.ADARSH, FEMALE, RESIDING AT SHANTI BHAVAN, VENGOOR PO, PIN-691 533, ELAMEDU VILLAGE, KOTTARAKARA TALUK.

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2. ARYA, AGED 4 YEARS, D/O.ADARSH, FEMALE RESIDENT OF THE ABOVE ADDRESS (REPRESENTED BY HER MOTHER AND NEXT FRIEND SARIKA, THE 1ST RESPONDENT).

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 442 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 : A TRUE COPY OF THE OP 487/2013 FILED DT 8-4-2013 BY THE RESPONDENTS BEFORE THE FAMILYC OURT, KOTTARAKARA.

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P1(A) : A TRUE COPY OF THE IA 777/2013 ALONG WITH THE ATTACHMENT SCHEDULE FILED DT 8-5-2013 BY THE RESPONDENTS BEFORE THE FAMILY COURT, KOTTARAKARA.

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P1(B) : A TRUE COPY OF THE ORDER IN OP 487/13/ IA 777/2013 DT 9-5-2013 OF THE FAMILY COURT, KOTTARAKARA.

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P1(C) : A TRUE COPY OF THE NOTICE DT 14-5-2013 SENT BY THE FAMILY COURT, KOTTARAKARA TO THE 3RD PETITIONER.

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P1(D) : A TRUE COPY OF THE FIXED DEPOSIT RECEIPT FOR RS. 18,82,000/- OF STATE BANK OF INDIA, ANCHAL PANACHIVILA BRANCH.

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P1(E) : A TRUE COPY OF THE IA 37/2016 IN OP NO.487/2013 (IA 777/2013 DT 7-1-2016 FILED BEFORE THE HON'BLE FAMILY COURT, KOTTARAKKARA.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

K.ABRAHAM MATHEW, J. =======================

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============================

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Dated this the 15^th day of February, 2016

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JUDGMENT

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First petitioner is the husband of the first respondent. The

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first respondent filed O.P No.487 of 2013 against the first petitioner and his parents who are the other petitioners for recovery of about `19 Lakh. The property was attached under

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Order XXXVIII Rule 5 of the Code of Civil Procedure. The third petitioner, whose property has been attached, furnished security in the form of Fixed Deposit receipt issued by a bank and prayed for lifting the order of attachment. But the Family Court has not passed any orders on it. This is the reason for filing this original petition.

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Heard.

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I am satisfied that the request of the petitioners to direct the Family Court to dispose of I.A No.37 of 2016 for lifting the order of attachment is reasonable.

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In the result, this original petition is disposed of directing the Family Court to dispose of I.A No.37 of 2016 within three weeks or on or before 03.03.2016, whichever is earlier.

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Sd/K.ABRAHAM MATHEW , JUDGE

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vdv/15/02/16

Adarsh A.G v. Sarika G.S

Case brief

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Adarsh A.G v. Sarika G.S

Case brief

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