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2023 Supreme(Ker) 382

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Sunitha C. Nair W/o Sandeep Kumar – Appellant
Versus
Sandeep Kumar K. B. S/o Bhaskaran Nair – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P. Haridas, Biju Hariharan, Shijimol M. Mathew, P.C. Shijin, Rishikesh Haridas.
For the Respondent: V. Sethunath.

JUDGMENT :

P.G. AJITHKUMAR, J.

1. The petitioner filed O.P. No. 267 of 2016 before the Family Court, Pathanamthitta seeking a decree of return of gold ornaments, household articles and realisation of money. She has filed I.A. No. 2 of 2022 seeking leave to amend the original petition. The Family Court did not grant leave. Ext.P5 is the order dismissing I.A. No. 2 of 2022. Feeling aggrieved thereof, the petitioner has filed this Original Petition under Article 227 of the Constitution of India.

2. The respondents entered appearance pursuant to notice. An interim order directing the Family Court to keep the proceedings in O.P. No. 267 of 2016 in abeyance for a period of three weeks was granted on 05.12.2022. That order was subsequently extended for a period of two months.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

4. O.P .No. 267 of 2016 was filed with the following prayers:

    “(A) To direct the respondent to return 55 sovereigns of gold ornaments to the petitioner or its market value as Rs.12,65,000/-as on the date of filing this petition with interest 12% till realisation.

(B) To direct the respondent to pay the patrimony

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