IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 CMCP.No. 39 of 2008() --------------------- OS.36/2006 of SUB COURT, PALA .................... APPELLANT/PETITIONERS: -------------------- 1. MARY PHILIP, W/O.PHILIP, 48 YEARS, MADAYANKAL, KIZHUTHARA NIRAPPEL, KAIPPANPLACKAL THEKKETHOTTIYIL, LPAZHUVANAL PO., KAZHUVAMKULAM KARA PULIYANNOOR VILLAGE. ,MEENACHIL TALUK 2. JIGOMON PHILIP, S/O.PHILIP, 24 YEARS RESIDING AT DO.DO. 3. GIBI PHILIP, S/O.PHILIP, 22 YEARS R/AT. DO.DO. BY ADV. SRI.B.PREMOD RESPONDENT/COUNTER PETITIONER: ------------------------------------------- T.T. DEVASSIA, POOVAKULA HOUSE, KOZHUVANAL P.O. GOVERNMENT PLEADER SRI.G.S.REGHUNATH FOR R1 THIS CIVIL MISC. CASE(PAUPER) HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = C.M.C.(P) 39/2008 IN R.F.A. NO. ..../2008 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 22ND DAY OF MAY, 2009. O R D E R Raman, J. Report of the Additional Tahsildar perused which shows that the petitioner/appellant has no property. But appellant Nos. 2 and 3 are shown to be possessed of some property. But it is pointed out that the said property is under attachment as per an order passed in the present suit. If so, that may be excluded. In the circumstances, the CMC(P) is allowed. Number the appeal and post for admission. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-