Kerala High Court
Sasidharan Pillai vs Parvathy Chandran on 2 March, 2021
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque, Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
OP (FC).No.584 OF 2019
AGAINST THE ORDER DATED 24.6.2019 IN OP 742/2018 OF FAMILY COURT,
CHAVARA
PETITIONER/PETITIONER/2ND RESPONDENT:
SASIDHARAN PILLAI
AGED 65 YEARS
S/O.PARAMESWARAN NAIR, RESIDING AT PLAVILA PUTHEN
VEEDU, MANAMPUZHA.P.O., KADAMBANAD SOUTH, KUNNATHOOR-
638103.
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SMT.BHANU THILAK
RESPONDENT/RESPONDENT/1ST PETITIONER:
PARVATHY CHANDRAN,
AGED 22 YEARS
D/O.RAMESH CHANDRAN, GAURI VILASOM, IVARKALA WEST
SOUTH, PUTHANAMBALAM.P.O., KUNNATHOOR-638103.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.584/2019
2
JUDGMENT
Dated this the 2nd day of March 2021 A.MUHAMED MUSTAQUE, J This original petition was filed challenging the order in I.A.No.2451/2018 in O.P.No.742/2018 filed for lifting the attachment over the petition schedule property. The petitioner filed a claim petition which was partly allowed. Aggrieved by the above order, the petitioner has come up with this original petition.
2. The above order refusing to lift attachment is an appealable order. Hence, we need not invoke our power under Article 227 of the Constitution of India to upset the finding of fact.
In the result, this original petition is dismissed as not maintainable.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
Dr. KAUSER EDAPPAGATH
True copy JUDGE
kp P.A. To Judge
O.P.(FC).No.584/2019
3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION DATED
NIL IN O.P.NO.742/2018 PENDING BEFORE THE FAMILY COURT, CHAVARA.
EXHIBIT P2 TRUE COPY OF THE I.A.DATED 30.11.2018 IN I.A.2451/2018 IN O.P.NO.742/2018 FILED BEFORE THE FAMILY COURT,CHAVARA. EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT HEREIN IN IA.NO.2451/2018 IN O.P.NO.742/2018 OF THE FAMILY COURT, CHAVARA DATED NIL.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 24.6.2019 IN I.A.NO.2451/2018 IN O.P.NO.742/2018 OF THE FAMILY COURT, CHAVARA.
EXHIBIT P5 TRUE COPY OF THE SALE DEED NO.7040/1965 OF SRO ADOOR EXECUTED IN FAVOUR OF THE PETITIONER.