IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Mat.Appeal.No. 586 of 2011 ----------------------------------- IA.2100/2010 IN OP.263/2010 of FAMILY COURT,TRIVANDRUM .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. SUBAIDA.R, W/O. LATE HYDER, RESIDING AT MUBARAKA MANZIL, VALLAKKADAVU, THIRUVANANTHAPURAM. 2. MUBEENA.S.H,D/O.SUBAIDA.DO. DO. BY ADV. SRI.V.AJAKUMAR SRI.T.M.CHANDRAN SRI.SIDHARTH A.MENON RESPONDENT/RESPONDENT: ----------------------------------------- LEZINE.L, D/O.BASHEER, RESIDING AT S.L.MANZIL, ALUMOODU, KANIYAPURAM PO, THIRUVANANTHAPURAM. BY ADV. SRI.K.ABDUL JAWAD SRI.MATHEW A KUZHALANADAN THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVEREDTHE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- Mat.A.No.586 OF 2011 ---------------------------------------- Dated this the 18th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. This appeal is against an order by which the Family Court refused to lift the order of attachment as against the properties of the mother-in-law of the plaintiff. The plaint claim, as it now stands going by the reliefs column, is only for about 3½ sovereigns as against the mother-in-law. Pointing out the pleadings, learned counsel for the respondent-plaintiff before the court below says that the plaint claim is essentially around 7 sovereigns as against the mother-in-law, however that, there was an error in the reliefs column in the plaint and action has been taken to rectify it. On the whole, we find that while the appellant produced F.D. receipt for Rs.50,000/- before the court below, ends of justice would be satisfied if the appellant furnishes F.D. receipt for a further amount of Rs.75,000/- also. MA.586/11 2 In the result, the impugned order is vacated and instead, it is directed that if the appellant produces F.D. receipt for a total amount of Rs.1,25,000/-, including the amount of Rs.50,000/- for which F.D. receipt is already furnished, the court below will immediately pass consequential orders lifting the attachment. We clarify that we have not expressed anything on the merits of the rival contentions in the main matter. The appeal is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge kkb.18/11.