FEBY SAM Vs. LIJU THOMAS

JUDGEMENT

(1.) In view of the limited relief proposed through this judgment, we do not think it necessary to issue notice to the respondents. Hence the original petition is disposed of at the stage of admission itself.

(2.) Limited relief sought for in this original petition, which is instituted under Article 227 of the Constitution of India, is to direct the Family Court, Ernakulam to dispose of I.A. No.4304/2018 in O.P. No.2233/2018, in the light of the decision of this court reported in 2009 (4) KLT 123, at the earliest.

(3.) O.P. No.2233/2018 was filed before the Family Court by the petitioner against the respondents herein, seeking recovery of money and gold ornaments. I.A. No.4304/2018 is a petition filed along with the said original petition, seeking attachment before judgment of the immovable property belonging to the 1st respondent, described in the schedule therein. It is stated in the writ petition that the Family Court was not inclined to order a conditional attachment, ad-interim. Notice was ordered to the respondents and the case was posted to 20-10-2018. According to the petitioner, summons issued from the Family Court was duly served on the 1st respondent, because he had failed to claim (receive) the summons. Thereafter, on 20-10-2018 there was no sitting in the Family Court and the case was adjourned to 23-11-2018. On that day also, the respondents have failed to appear. But the learned Judge of the Family Court had adjourned the case to 05-02-2019. It is alleged that the respondents are taking hasty steps to dispose of the property sought to be attached. Hence the petitioner is approaching this court seeking the relief as mentioned above.