IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 2617 of 2008(S) ------------------------- OP.1254/2003 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: ------------ 1. LEKHA RANI, D/O. KAMALAKUMARI, AGED 35 YEARS, RESIDING AT LEKHA SADANAM, ERADY, PANAICODE P.O., NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. 2. SYAM S.NAIR, D/O. LEKHA RANI, AGED 11 YEARS, RESIDING AT -DO- -DO- 3. AKHIL, S/O. LEKHA RANI, AGED 9 YEARS, RESIDING AT -DO- -DO- 4. ARUN, S/O. LEKHA RANI, AGED 9 YEARS, RESIDING AT -DO- -DO- (PETITIONERS 2, 3 AND 4 BEING MINORS, REP. BY THEIR MOTHER WHO IS THE FIRST PETITIONER). BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ------------- 1. SATHEESAN NAIR, S/O. RAVEENDRAN NAIR, AGED 38, RESIDING AT SATHEESH VIHAR, ENIKKARA, KARAKULAM P.O., KARAKULAM VILLAGE, NEDUMANGAD TALUK. 2. RAVEENDRAN NAIR, AGED 68, RESIDING AT -DO- -DO- 3. OMANA AMMA, AGED 62 YEARS, RESIDING AT -DO- -DO- BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.2617/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF O.P.NO.1254/2003 DATED 16-8-2003 EXT.P2. TRUE COPY OF THE PHOTOGRAPH OF SECOND PETITIONER EVIDENCING THE INJURY ON EYE. EXT.P3. TRUE COPY OF I.A.NO.2599 OF 2007 IN O.P.NO.920 OF 2005 DATED 24-11-2007 EXT.P4. TRUE COPY OF I.A.NO.22/08 DATED NIL. EXT.P5. TRUE COPY OF OBJECTION DATED 9-1-2008 EXT.P6. TRUE COPY OF I.A.NO.22 OF 2008 DATED 9-1-2008 EXT.P7. TRUE COPY OF ORDER DATED 11-1-2008 IN I.A.NO.22 OF 2008 / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.2617 of 2008 ----------------------------------------- Dated this the 4th day of March, 2008 JUDGMENT Kurian Joseph,J. Ext.P7 order passed by the Family Court, Nedumangad in I.A.No.22/2008 in O.P.No.920/2005 is under challenge. As per the said order the attachment on A and C Schedule properties were lifted. It is seen that originally the claim before the Family Court was for Rs.2,65,000/-. It is submitted that an application for amendment is pending. Be that as it may, it is seen that the respondents have produced three fixed deposit receipts for an amount of Rs.2,80,000/-. Learned counsel for the petitioners submits that the fixed deposits are not attached and only the receipts have been produced. We make it clear that Ext.P7 shall have the effect of attaching the fixed deposits to the tune of Rs.2,80,000/- as per the details referred to in Ext.P7. Learned counsel for the respondents submits that they have no idea to alienate or otherwise create any encumbrance on the C Schedule property which is having an extent of around 34 cents. This W.P(C)No.2617 of 2008 -:2:- submission is recorded. It is made clear that until the matter is finally disposed of by the Family Court there shall not be any alienation or creation of any encumbrance on the C Schedule property. We however, make it clear that the order passed by us is only in respect of the security and in case the petitioners have any right over A and C Schedule properties, it is for them to pursue the same in appropriate proceedings. There will also be a direction to the Family Court, Nedumangad to pass orders on the application for amendment within a period of two months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.2617 of 2008 ---------------------------- JUDGMENT 4th March, 2008