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2018 Supreme(Online)(KER) 37840

HIGH COURT OF KERALA
V.CHITAMBARESH, K.P.JYOTHINDRANATH, JJ
SUVEESH – Appellant
Versus
BIJINABAL – Respondent


JUDGMENT

Chitambaresh, J.

The decree in Mat. Appeal No. 707/2012 directs the petitioners to return 60 sovereigns of gold ornaments or its value of `12,94,800/- with interest at 9% from 20.11.2011 till payment. The petitioners are the husband and his mother whereas the respondent is the wife. The petitioners were all through contending that they were not in possession of the gold ornaments belonging to the respondent. They never had any case at any point of time about the custody of the gold ornaments.

2. The property of the petitioners were put up for sale which was the subject matter of OP(FC) No. 648/2017. The properties were directed to be sold in two lots by judgment dated 30.11.2017 in OP(FC) No. 648/2017. Only such of the property as is necessary need be sold by resorting to such exercise. The petitioners who are the judgment debtors now come forward with an offer to give back 60 sovereigns of gold ornaments.

OP(FC) No. 138/2018

3. We find that the above offer of the petitioners is totally without bonafides and intended to delay the proceedings. The purity of the gold ornaments cannot be tested and there is no guarantee that it belongs to the respondent. The attempt evidently is t

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