The High Court addressed an miscellaneous application for an order clarifying the continuation of an interim restraint on property transfer and the timeline for the Family Court to dispose of the connected I.A.
The Family Court directed to hear parties on the I.A and dispose within three weeks; interim order restrained on property transfer continued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
OP (FC).No.114 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 85/2021 DATED 08-01-2021 OF FAMILY COURT,ERNAKULAM
PETITIONER:
BENJEENA P. J., AGED 40 YEARS, W/O. C. P. PAPPACHAN, CHAKIATH HOUSE, THUNDATHUMKADAVU, VARAPPUZHA P. O., ERNAKULAM – 683 517.
BY ADVS. SRI.G.KRISHNAKUMAR SRI.B.S.SURAJ KRISHNA DEEPU ANIL
RESPONDENT:
C. P. PAPPACHAN, AGED 67 YEARS, S/O. KOCHAPPU (LATE), CHAKIATH HOUSE, MARKET JUNCTION, CHETTIBHAGAM, VARAPPUZHA P. O., ERNAKULAM – 683 517.
R1 BY ADV. SRI.SOMAN P.PAUL R1 BY ADV. SRI.YASH THOMAS MANNULLY
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.114 OF 2021
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JUDGMENT
Dated this the 17th day of March 2021
A.Muhamed Mustaque, J
The petitioner approached this Court for expeditious disposal of I.A No. 104 of 2021 in O.P No. 85 of 2021 on the files of the Family Court, Ernakulam. The above I.A was filed for attachment before judgment. The Court only ordered notice. The petitioner apprehends that the respondent will alienate the property to defeat the claim of the petitioner to approach this Court.
“Notice before admission to respondent by Speed post. Simultaneously, the petitioner shall take notice through the counsel appearing for the respondent before the Family Court. In the meanwhile, the respondent is restrained from transferring and encumbering the property in Ext.P2 petition schedule till further orders.”
OP (FC).No.114 OF 2021
and not bonafide. It is submitted that there is no matrimonial dispute between the parties and the petitioner is not the wife of the respondent.
This original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
PR
OP (FC).No.114 OF 2021
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE OP NO.85/2021 ON THE FILES OF THE FAMILY COURT, ERNAKULAM. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE IA NO.104/2021 IN OP NO.85/2021 ON THE FILES OF THE FAMILY COURT, ERNAKULAM. |
| EXHIBIT P3 | TRUE COPY OF THE ADOPTION DEED DATED 20.03.2014 EXECUTED BY THE RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF THE SAKSHYAPATHRAM DATED 06.05.2017 EXECUTED BY THE RESPONDENT. |
| EXHIBIT P5 | TRUE COPY OF THE BUSINESS PARTNERSHIP AGREEMENT DATED 12.10.2017 EXECUTED BY THE RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF THE MINUTES OF THE MEETING DATED 09.06.2017 OF THE ALPHONSA PRINTING PRESS. |
| EXHIBIT P7 | TRUE COPY OF THE JUDGMENT DATED 06.12.2019 IN MAT. APPEAL NO.468/2019 OF THIS HON'BLE COURT. |
| EXHIBIT P8 | THE BANK STATEMENT OF THE PETITIONER FOR THE PERIOD 18.08.2016 TO 16.06.2020 ISSUED BY THE FEDERAL BANK, VARAPPUZHA BRANCH. |
| EXHIBIT P9 | PROMISSORY NOTE DATED 19.10.2017 EXECUTED BY THE RESPONDENT IN FAVOUR OF SHEELA BABY. |
| EXHIBIT P10 | TRUE COPY OF THE CANCELED PROMISSORY NOTE DATED MAY 2015 EXECUTED BY THE RESPONDENT IN FAVOUR OF SAJIMON P. D. |
OP (FC).No.114 OF 2021
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EXHIBIT P11
TRUE COPY OF THE ORDER DATED 8.1.2021 IN IA NO.104/2021 IN OP NO.85/2021 OF THE FAMILY COURT, ERNAKULAM.
2 issues framed by the court
Whether the interim order restraining transfer of property should continue pending disposal of the attachment application by the Family Court.
What direction to issue regarding the hearing timeline for the attachment before judgment application in the Family Court.
BENJEENA P. J.
C. P. PAPPACHAN
A.Muhamed Mustaque
Dr. Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
