SHAMLA.B Vs. RINCY SIDDIQUE

JUDGEMENT

(1.) Though attempt has been made to serve notice on the respondent Nos. 2 and 3, it was unsuccessful.

(2.) This original petition was filed for expeditious disposal of I.A No. 2 of 2020 in O.P No.1262 of 2019 on the file of the Family Court, Thiruvananthpuram. The above original petition has been now transferred to the Family Court, Ernakulam. The petitioner filed an application to accept the fixed deposit and to lift the conditional attachment over the plaint schedule property. The application for attachment was allowed and a conditional attachment was passed as per order dtd. 25/5/2019. The said order of attachment was communicated to the same to the Sub Registrar Officer (SRO), Thiruvananthapuram.

(3.) If the petitioner had produced the fixed deposit for full amount covered by the attachment, the Family Court can allow the application under Order 38 Rule 9 of the Code of Civil Procedure, 1908. It is to be noted that the matter came before the Family Court, Ernakulam on a transfer from the Family Court, Thiruvananthapuram. The respondents are under obligation to take notice of such transfer. It is apparent that the respondents are attempting to evade notice in spite of the fact that this Court attempted to serve notice on the respondents through special messenger. Therefore, we direct the Family court to pass appropriate orders on being satisfied that the fixed deposit being furnished by the petitioner can be accepted in lieu of the attachment. Appropriate orders shall be passed within a period of one week.