IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 OP (FC).No. 2560 of 2011(R) --------------------------- OP.122/2008 of FAMILY COURT, KOTTAYAM .................... PETITIONER/CLAIM PETITIONER ----------------------------------------------- ALICE JOSEPH, W/O.JOSEPH, CHITTATTUKUNNEL, VALAVOORKKARA, VALLICHIRA VILLAGE, MEENACHIL TALUK. BY ADV. SRI.M.R.SARIN RESPONDENT(S): RESPONDENT'S --------------------------- 1. MINI JOSEPH @ ROSA JOSEPH, AGED 38 YEARS, D/O.JOSEPH, KANDATTINKARA, THEEKOY.P.O., MEENACHIL TALUK.686 002. 2. GEORGE.C.V., CHITTATTUKUNNEL, VALAVOOR KARA, VALLICHIRA VILLAGE, MEENACHIL TALUK.686 002. 3. VARKEY, CHITTATTUKUNNEL, VALAVOOR KARA, VALLICHIRA VILLAGE, MEENACHIL TALUK.686 002. 4. ROSA, CHITTATTUKUNNEL, VALAVOOR KARA, VALLICHIRA VILLAGE, MEENACHIL TALUK.686 002. R1 BY ADV.PHILIP T.VARGHESE R2 TO R4 BY ADV.P.C.HARIDAS THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN OP(FC).2560/11 PETITIONER'S EXHIBITS: EXT.P1:TRUE COPY OF THE EA 14/2001 IN EP.188/08. EXT.P2: TRUE COPY OF THE ORDER IN EA 14/2001 IN EP.188/08. EXT.P3: TRUE COPY OF INTERIM ORDER IN IA NO.190/09 IN MAT.A.NO.70/09. EXT.P4: TRUE COPY OF CERTIFICATE OF ENCUMBRANCE ON APPELLANT PROPERTY ISSUED BY SUB REGISTRAR OFFICE, MENARCHE DATED 7.12.10. /TRUE COPY/ PA TO JUDGE. THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- O.P(FC).No.2560 OF 2011 ------------------------------------ Dated this the 18th day of August, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. 1.Adv.Philip T.Varghese appears for the first respondent and Adv.P.C.Haridas for the second respondent. Notice to the other respondents dispensed with. 2.The first respondent wife obtained a decree against the second respondent husband and his parents. Two items of properties were put under attachment pending that litigation. The plea of the petitioner before us is that one among those items was purchased by her even before the attachment. She has filed a claim petition before the family court. The family court refused to consider that claim petition on the premise that an order of stay has been granted in Mat.A.No.70/09. We have seen the papers of that OPFC.2560/11 2 appeal. Following interim orders therein, we are told that the judgment debtors, who are the appellants in that appeal, have remitted an amount of Rs.25,000/- and furnished security to the satisfaction of the court below. 3.Learned counsel for the second respondent husband says that the property offered as security is one of the items under attachment, that is to say, the property other than the one over which the claim petitioner has now put forward the claim. We record this submission. 4.In the aforesaid premise, it will be open to the family court to consider the claim of the petitioner herein, i.e., Alice Joseph, in accordance with law, on her proving appropriate title and other relevant details to sustain her plea that the attachment be lifted by answering her claim. We, therefore, order this writ petition clarifying that nothing stands in the way of the family court considering the claim petition stated to have been filed by the petitioner herein, in OPFC.2560/11 3 accordance with law. We record the request of the petitioner before us that the learned Judge of the family court may consider expeditious disposal of the matter. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.19/8.