RESHITH JOHNSON Vs. NEEMA SANTHOSH THARAKAN

JUDGEMENT

(1.) This original petition is filed challenging the order dated 20.03.2017 in I.A.Nos.4144/2016 and 4745/2016 in O.P.No.1698/2016 of Family Court, Ernakulam, by which the Family Court appointed an Advocate Commissioner to take an inventory of the gold ornaments inside the locker maintained by the parties and the gold ornaments permitted to be released to the respondent herein. At the time when the matter was taken up, we heard Sri.T.M.Raman Kartha, counsel for the petitioner and Sri.M.A.Abdul Hakkim, counsel for respondent.

(2.) The original petition was filed seeking an injunction to restrain the respondent herein from operating the locker No.36 with Key No.31 which was maintained at Canara Bank, Vazhakkala Branch at Kakkanad, Ernakulam. An interim injunction was granted by the Family Court as per order in I.A.No.4144/2016. Later the respondent filed I.A.No.4745/2016 to appoint an Advocate Commissioner to prepare an inventory of the ornaments and to permit her to take Original Petition (F.C.)No.176 of 2017 possession of the gold and diamond ornaments. While vacating the interim injunction as per Ext.P8 order dated 20.03.2017, the Family Court allowed I.A.No.4745/2016, appointing an Advocate Commissioner to prepare the inventory of the ornaments and thereafter permitting the respondent herein to take possession of the gold and diamond ornaments. It was also mentioned that, if necessary a video graph of the opening and preparation of inventory may be taken and the case is posted on 12.06.2017 for commission report.

(3.) While impugning the above orders, it is submitted by the learned counsel for the petitioner that, there is no basis for passing such an order especially when no claim had been raised by the respondent before the Family Court with reference to the gold ornaments.