R.D.RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have approached this Court seeking that the entry of attachment on their property, as ordered in OP(HMA)No.347/2013 by the Family Court, Mavelikkara, be ordered to be deleted in view of the affirmative declarations of this Court in Ext.P5 judgment dtd. 10/12/2021 in Mat.Appeal No.738/2015.

(2.) The afore request of the petitioners - as made by their learned counsel, Sri.S.Vinod Bhat - was, however, opposed by the learned counsel appearing for the 3rd respondent - Smt.Amrin Fathima, saying that there was no attachment over the property in question in OP(HMA)No.347/2013 by the Family Court, Mavelikkara; but that same was ordered by another Court in a different proceedings. She requested that, therefore, the prayer of the petitioners may not be acceded to.

(3.) In response to the afore submissions, the learned Senior Government Pleader - Smt.Mable C.Kurian, submitted that the 1st respondent - Sub Registrar, is now incapacitated from acting because of the rival positions taken by the parties, particularly since the entry of attachment was endorsed on the files as per the provisions of Sec. 89(5) of the Registration Act, 1908. She, however, added that the Sub Registrar will adhere to any orders to be issued by this Court.