ARUNA K.C Vs. AKHILAN ASARI

JUDGEMENT

(1.) Respondents 1 and 2 in O.P.No.1574 of 2014 on the files of the Family Court, Thiruvananthapuram are the petitioners. They filed this Original Petition under Article 227 of the Constitution of India seeking to set aside Ext.P4 and to allow I.A.No.124 of 2022, which they have filed in O.P.No.1574 of 2022. As per Ext.P4 order dtd. 7/1/2023, the Family Court dismissed I.A.No.124 of 2022.

(2.) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

(3.) The respondent filed O.P.No.1574 of 2014 seeking a decree of return of gold ornaments and compensation. The Family Court, Thiruvananthapuram decreed the said original petition as per the judgment dtd. 23/12/2021. The decree directs the appellants to pay Rs.4.00 lakhs together with interest at the rate of 6% per annum from the date of the petition till realisation. They have filed Mat.Appeal No.554 of 2022 assailing the said judgment and decree. They filed I.A.No.1 of 2022 in that appeal seeking stay of execution of the decree. This Court as per the order in that interlocutory application granted stay on the condition of the petitioners' furnishing security for the entire decree debt before the Family Court, Thiruvananthapuram, within a period of three weeks. They accordingly furnished security by producing title deed of the 2nd petitioner in respect of 6.250 cents of land where a residential building is situated, together with its valuation certificate and tax receipt. The respondent opposed receipt of the said property as security. The Family Court, after considering the rival contentions, refused to accept the security and the petition filed by the petitioners was dismissed as per Ext.P2 order.