C.R VELAYDHAN Vs. SINI SADANADAN

JUDGEMENT

(1.) This is a petition filed by the 2nd respondent in I.A.2/2022 in O.P.1044/2022 on the file of the Family Court, Thrissur, against order dtd. 26/8/2023 conditionally attaching the schedule property. The above O.P was filed by the respondent herein against four persons including the petitioner herein claiming return of 52 sovereigns of gold ornaments or its value of Rs.21,67,360.00. Along with the O.P she filed Ext.P2 I.A.2/2022 under Order XXXVIII Rule 5 of CPC praying for conditional attachment of the schedule property belonging to the respondents in the O.P. Respondents 2 to 4 in the O.P filed Ext.P3 counter against Ext.P2 I.A. The petitioner herein is challenging Ext.P4 conditional order passed by the Family Court.

(2.) It was argued by the learned counsel for the petitioner that the petitioner herein has no connection with the gold ornaments belonging to the respondent. The petitioner and his wife were neglected by their son and hence they have approached the Sub Collector, Thrissur under the provisions of Protection and Welfare of Parents and Senior Citizens Act, 2007. The respondent obtained the impugned order by misleading the Court. Therefore, the learned counsel for the petitioner prayed for dismissing the O.P.

(3.) On the other hand, the learned counsel for the respondent would argue that Ext.P4 is only a show cause notice followed by a conditional attachment of the schedule property and that the petitioner will get enough opportunity before the Family Court to show cause for not making the conditional attachment absolute.