IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR.JUSTICE THOTTATHIL B. RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Ex.FA.No. 6 of 2008 (B) --------------------- (AGAINST THE ORDER DATED 15/12/2004 IN IA.478/2004 IN OS.26/2004 of SUB COURT, MUVATTUPUZHA) .................... APPELLANT/1ST RESPONDENT/PLAINTIFF: ---------------------------------------------------------------- THOMAS, S/O. JOHN, PANALICKAL HOUSE, PIRAVOM KARA, PIRAVOM VILLAGE. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENTS/ PETITIONER & DEFENDANT: --------------------------------------------------------------------- 1. P.S. DILEEP KUMAR, S/O. SASIDHARAN, POOCHAKKATTIL, KAKKORAKARA, THIRUMARADY VILLAGE. 2. SASIDHARAN, S/O. KOCHUKUTTY, NOW RESIDING AT POOCHAKKATTIL, VETTIMOODU JUNCTION, PIRAMADOM FROM KAKKOOR KARA, THIRUMARADY VILLAGE. R1 BY ADV. SRI.PAUL K.VARGHESE R2 BY ADV. SRI.V.R.KESAVA KAIMAL THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = Ex.F.A.No.6 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 13th day of September, 2010. Judgment Thottathil B.Radhakrishnan, J. 1.This appeal is by the plaintiff in a suit for recovery of money. He obtained a decree against the sole defendant Sasidharan on 19.3.2004. Sasidharan's son Dileep Kumar filed the claim petition, from which this appeal arises. He pleaded that his father had gifted an item of property to him way back in 1994 and therefore, that item could not have been brought under attachment. The court below has upheld that claim as per the impugned order. 2.The suit is of the year 2004. The decree was passed on 19.3.2004. The transfer held out by the son Dileep Kumar was of 1994. Without going into ExFA6/08 -: 2 :- any controversy between father and son as regards the sustainability of the gift or not, we are clear in our mind that no ground is made out to interfere with the impugned order. Hence, this appeal is only to be dismissed. In the result, this appeal fails. The same is accordingly dismissed in limine. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/2009