MUHAMMED AMJAD KHAN Vs. SHAFNA

JUDGEMENT

(1.) EXT.P5 order dated 14.12.2011 in I.A.No.1279 of 2011 in O.P.No.1310 of 2010 on the file of the Family Court, Malappuram, is under challenge in this Original Petition.

(2.) THE respondents filed O.P.No.1310 of 2010 before the Family Court, Malappuram against the petitioners herein for return of gold ornaments and cash. THEre is also a prayer for granting maintenance. THE petitioners before the court below filed I.A.No.1279 of 2011 for attachment before judgment of the immovable property belonging to the second respondent before the court below. THE respondents in I.A.No.1279 of 2011 filed objections dated 17.11.2011, in which they contended that out of the 88 cents of property sought to be attached, an extent of 26 cents was sold even before the first petitioner was married by the first respondent. It was also stated that the property sought to be attached is the residential property belonging to the respondents in I.A.No.1279 of 2011.

(3.) THE learned counsel appearing for the respondents submitted that the case is posted for trial before the Family Court on 31.5.2012. THEir apprehension is that the trial would get postponed if the Family Court is directed to consider the matter afresh. It is not necessary to adjourn the trial. THE objections raised by the petitioners herein (respondents before the court below) require to be considered by the court below and a decision has to be arrived at as to whether the attachment should continue and, if so, in respect of what extent. If the trial of the main case takes place, this question also can be considered at that time and a final order can be passed by the Family Court along with the judgment.