IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WP(C).No. 16518 of 2008(S) -------------------------- OP.1531/2005 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: PETITIONER ---------------------- SHAHUL HAMEED, AGED 68 YEARS, S/O. YOONUS, RESIDING AT THADATHARIKATHU VEEDU, GANAPATHIYANKONAM, KODUVAZHANOOR DESOM, NAGAROOR VILLAGE. BY ADV. SMT.K.KUSUMAM RESPONDENTS: RESPONDENT ----------------------- SUBAIR, S/O. ALIYARKUNJU, AJAS MANZIL, PUTHUVILA, PUTHUSSERI MUKKU, THOTTAKKAD, KARAVARAM VILLAGE. BY ADV. SRI.M.P.RAMNATH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16518 of 2008(S) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF OP 1531/2005 OF THE FAMILY COURT, NEDUMANGAD EXT.P2 TRUE COPY OF FIR IN CRIME NO.40/04 OF THE FAMILY COURT, NEDUMANGAD EXT.P3 TRUE COPY OF I.A NO.1074/04 IN EXT.P1 CASE EXT.P4 TRUE COPY OF IA 572/08 IN EXT.P1 CASE EXT.P5 TRUE COPY OF COUNTER TO EXT.P4 PETITION. EXT.P6 ORDER DATED 12/5/2008 PASSED IN EXT.P4 PETITION BY THE FAMILY COURT, NEDUMANGAD RESPONDENT'S EXTS: EXT.R1 TRUE PHOTOSTAT COPY OF IA NO.1362/2008 IN OP NO.1531/2005FILED BY THE RESPONDENT BEFORE THE HON'BLE FAMILY COURT, NEDUMANGAD. \\TRUE COPY// P.A.TO JUDGE P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.16518 of 2008-S ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 15th day of September, 2008 J U D G M E N T J U D G M E N T RAMAN, J. The petitioner is the father-in-law of the respondent. The petitioner's daughter died sometime in 2004. It is alleged to be a murder committed by the respondent. There is a criminal case pending. The present proceedings arise out of an order passed by the Family Court, Nedumangad in I.A.No.572/2008 in O.P.No.1531/2005. That is an application filed by the respondent herein seeking to lift the attachment. Earlier, the property was attached by an interim order to secure the claims raised in the main O.P. Ext.P1 is the copy of the O.P filed before the family court by Shahul Hameed, the petitioner herein. Various reliefs are prayed therein including money claim. Since the respondent offered security for an amount of Rs.3,00,000/- by way of bank deposit, the court below by the impugned order, ordered to lift the attachment, against which the present writ petition is filed. 2. We heard both sides. The learned counsel appearing for the petitioner submitted that the amount offered by way of security is insufficient to meet the claims of the petitioner made in the main O.P. It is stated that the only property belonging to the respondent herein is 15 cents of land with a building thereon and, if that property is sold the respondent will be left with no property to be proceeded and secured to W.P.(C).NO.16518/2008 -:2:- satisfy the claims, in case the original petition is allowed as prayed for. Respondent on the other hand submitted that Rs.3,00,000/- already offered as security is more than sufficient to satisfy the claim of the petitioner even if the entire claim is decreed. 3. After hearing both sides, we are satisfied that an amount of Rs.3,00,000/- already deposited is more or less sufficient for the amount sought to be recovered. At the same time, there is a claim for maintenance as well, both past and future. And since there is no other property left, we make slight modification of the order and direct that though the order of attachment will stand lifted as directed by the court below, the respondent is directed to make a further deposit of Rs.50,000/- before actual registration of the property. Follow up orders shall be passed by the court below. The writ petition is disposed of as above. Since further proceedings pursuant to the impugned order was stayed by this Court, we direct that if the fixed deposit receipt is taken back the same be redeposited before the court without delay. On making a further deposit of Rs.50,000/- as directed above, the court below shall inform the Sub Registry about the lifting of attachment. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms