PONNAMMA Vs. AKHILA GOPINATH

JUDGEMENT

(1.) The petitioner before us is the petitioner in a claim petition filed as I.A. 5268/2018 before the Family Court, Ernakulam in O.P. No.2694/2018, seeking to set aside an order of conditional attachment passed by that court in I.A. No.5208/2018, in an application filed by the 1st respondent in the above Original Petition. I.A. 5268/2018, filed by the petitioner under Order XXXVIII Rule 9 of the CPC, was dismissed through the order impugned herein after rejecting her plea that 6.072 cents of land and the building situated therein, which is attached in the Original Petition, were exclusively owned by her and she had right to sell the property based on Ext.A6 agreement of sale dated 6.12.2018 executed by her and the third respondent herein in favour of a third party. The above impugned order dismissing the claim petition is challenged by her in this Original Petition by invoking the jurisdiction vested on this court under Article 227 of the Constitution of India.

(2.) The petitioner is not a party to O.P. 2694/2018 pending before the Family Court, Ernakulam. The said Original Petition was filed by the 1st respondent in this O.P. against her husband, the 2 nd respondent, and his mother (3rd respondent) seeking to recover gold ornaments and other assets worth '.38,12,500/- with interest thereon. The 3rd respondent in the O.P. is 2 nd respondent's mother who is the daughter of the petitioner in the claim petition.

(3.) The 1st respondent in the O.P. obtained a conditional order of attachment before judgment, on the allegation that her mother-in-law, the 3rd respondent, has made all preparations to sell the land and building owned by the respondents before the court below, to third parties. The case of the petitioner herein is that, the property in question is in the possession and enjoyment of herself and none except her has got any right or interest in the land and building, which is attached by the court.