HELMA Vs. FRANCIS SYMON @ SIJU

JUDGEMENT

(1.) THIS Original Petition is filed against an order in I.A.No.3335 of 2011 in OP No.254 of 2011 on the file of the Family Court, Ernakulam. The petitioner instituted the above original petition before the Family Court, seeking a money decree for realisation of a sum of Rs.37,75,300/- including value of 151 sovereigns of gold from the respondents. Along with the petition, the petitioner sought for an order of attachment before judgment over item 1 and

(2.) SCHEDULED in the petition before the lower court. The lower court granted ad-interim order of attachment under Order 38 Rule 5 of the Code of Civil Procedure. 2. The respondents herein entered appearance and filed the above I.A.No.3335 of 2011 seeking an order for raising the attachment over item No.2. By the impugned order, the trial court found that item No.1 itself would be sufficient enough to discharge the claim of the petitioner. However, by the impugned order, attachment over item No.2 was lifted on certain conditions. The operative portion of the impugned order reads as follows:

(3.) IN the above circumstance, we dispose of this petition by clarifying that the attachment over item No.2 would stand vacated on condition that the respondents shall file an affidavit undertaking that item No.2 would no way be encumbered or alienated. In the event, the respondents proposes to encumber or alienate item No.2, it shall be with permission of the trial court after furnishing security for rupees twenty lakhs to the satisfaction of the trial court or after depositing rupees twenty lakhs. The order of the trial court would stand modified as above. No costs.