SHEEJA SATHAR Vs. NIKHITHA

JUDGEMENT

(1.) Ext.P7 is an order dtd. 11/8/2022 of the Family Court, Kollam dismissing I.A.No.6 of 2022 in O.P.No.661 of 2016. The petitioners have filed I.A.No.6 of 2022 under Order XXXVIII, Rule 9 of the Code of Civil Procedure, 1908, seeking to withdraw attachment in respect of 86 sq.m. of property comprised in Resurvey No.158/6 of Adichanalloor Village, where a shop room is situated. The Family Court after hearing both sides, dismissed that interlocutory application. The petitioners have filed this Original Petition under Article 227 of the Constitution of India seeking to set aside Ext.P7 order.

(2.) On 27/10/2022, notice was directed to be served on the respondent through her counsel appearing before the Family Court, Kollam, where O.P.No.661 of 2016 is pending consideration. The respondent on receipt of the notice entered appearance through her learned counsel. Although the parties were referred to mediation, the matter could not be settled.

(3.) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent.