IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 21677 of 2008(S) -------------------------- AGAINST THE ORDER IN IA 1298/08 IN OP.559/2008 of FAMILY COURT,KOZHIKODE .................... PETITIONER: ------------ K.P. VIJAYAKUMAR, S/O KARUPAN, "SREE SAILAM".P.O. ANGADIPPURAM, PERINTHALMANNA. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: ------------- K.ARUNTHWATHI, D/O K.KRISHNAN, SREE MADHAVANM KAMBALIMEETHAL VEEDU, P.O. PANTHEERAMKAVU, KOZHIKODE -19. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.21677 of 2008 ---------------------------------------------- Dated 22nd July, 2008. J U D G M E N T Kurian Joseph, J. The challenge is on the order passed in I.A.1298/2008 in O.P.No.559/2008 on the file of the Family Court, Kozhikode, whereby the property scheduled in Ext.P1 has been attached. It is the main grievance of the petitioner that there is absolutely no material before the court to pass an ex parte order of attachment. Be that as it may, it is seen that the order is passed on the allegation that there is a move on the part of the petitioner to alienate the scheduled property. It is submitted before us that the petitioner has no intention to alienate the property, and that the property will not be alienated and no encumbrance will be created on the property until the disposal of the original petition. This submission is recorded. It will be open to the petitioner to move the Family Court along with a copy of this judgment, in which case, appropriate orders will be passed by the Family Court, in the light of the above submission, within another one month. Needless to say that further proceedings for furnishing the security will be deferred until orders are passed as above. WP(C) NO.21677/08 2 The petitioner will serve a copy of this judgment along with a copy of the writ petition, also on the counsel appearing for the respondent, within two weeks. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.21677 of 2008 ---------------------------------------------- J U D G M E N T Dated 22nd July, 2008.