WP(C) 31821/2008 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 31821 OF 2008(S) -------------------------- IA 3520/07 IN OP.1087/2007 OF J.M.F.C.,KOTTAYAM PETITIONER(S): --------------- SANTHOSH KUMAR, AGED 39, S/O.P.N.KUMARAN, PULICKAL, PATTIMATTOM P.O KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENT(S): --------------- 1. SHIJIMOL, AGED 32, W/O.SANTHOSH KUMAR, PUNNCHAL HOUSE, MARANGATTUPILLY, P.O.KURICHITHANAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 2. P.N.KUMARAN, AGED 72, S/O.LATE.NARAYANAN PULICKAL HOUSE, PATTIMATTOM P.O. KUNNATHUNADU TALUK, ERNAKULAM. 3. KAMALAKSHI, AGED 64, W/O.KUMARAN, PULICKAL HOUSE, PATTIMATTOM P.O. KUNNATHUNADU TALUK, ERNAKULAM. ADVS.M/S. PHILIP T.VARGHESE & THOMAS T.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 31821/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 THE TRUE COPY OF THE ORIGINAL PETITION NO. 1087/2007 FILED BY THE PETITIONER. EXT.P2 THE TRUE PHOTOCOPY OF THE I.A. NO. 3520/2007. EXT.P3 THE TRUE PHOTOCOPY OF ORDER BY FAMILY COURT JUDGE, KOTTAYAM.. EXT.P4 THE TRUE PHOTOCOPY OF THE I.A. NO. 2538/2008. EXT.P5 THE TRUE PHOTOCOPY OF THE I.A. NO. 2824/2008. EXT.P6 THE TRUE PHOTO COPY OF THE ORDER DATED 13.3.2008 IN TR.P.C. NO. 40/2008. RESPONDENTS' EXHIBITS: EXT.R1 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE SHERISTHADAR OF THE FAMILY COURT, KOTTAYAM DATED 18.10.2008. // TRUE COPY // P.S. TO JUDGE. KNC/- WP(C) 31821/2008 WP(C) P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 31821 OF 2008 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 6TH DAY OF NOVEMBER, 2008. J U D G M E N T Raman, J. The limited prayer made in this writ petition is for a direction to the court below to consider and dispose of Ext. P4 application - I.A. 2538/2008 filed by the petitioner seeking to lift the attachment passed in Ext.P2 application - I.A. 3520/2007. 2. Pursuant to the notice issued, the respondents appeared and filed a counter affidavit. Though both sides would seriously contest the point as to whether petitioner has committed any default when the said application was posted on the previous occasion, we do not think for the limited purpose of granting the relief, it is necessary to go into this controversy. Since it is brought to our notice that the said petition itself is coming up for hearing on 10.11.2008, the court below will consider and dispose of the same in accordance with law. Even though the prayer made in the writ petition is widely couched seeking a direction to accept the security offered, it is a WP(C) 31821/2008 :2: matter for the court below to consider the sufficiency or otherwise of the security offered in case it is to order lifting the attachment. The writ petition is disposed of as above. (Issue photocopy urgently) P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-