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Judgment
C.Pratheep Kumar, J.
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 dated 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/-. 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.
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.
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.
On a perusal of Ext.P4 order it can be seen that as per the said order, the petitioner herein, along with the other respondents in the I.A, were only directed to show cause why they shall not be directed to furnish security for an amount of Rs.21,70,000/- and in the meanwhile, the schedule property was conditionally attached. In Ext.P4 the posting date to show cause is on 10.10.2023. It appears that the present O.P has been preferred by the petitioner on 10.10.2023, the very same date on which the Family Court posted the case for hearing the petitioner herein and other respondents in the I.A. It is also to be noted that in Ext.P3 counter the date shown is 25.8.2023 while Ext.P4 show cause notice was issued only on 26.8.2023.
In Ext.P1 O.P there is specific allegation that 52 sovereigns of gold ornaments belonging to the respondent were entrusted to the respondents in the O.P. Since Ext.P4 is only a show cause notice, the petitioner ought to have approached the Family Court and shown cause why the conditional attachment shall not be made absolute. The present O.P filed before showing sufficient cause before the Family Court is a premature one and as such it is liable to be dismissed.
In the result, the Original Petition is dismissed.