Kerala High Court
Sheeja Subair vs Subair A on 23 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
OP (FC) NO. 274 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 09.04.2024 IN OP NO.1074
OF 2023 OF FAMILY COURT, TIRUR
PETITIONER/RESONDENT:
SHEEJA SUBAIR,
AGED 47 YEARS
W/O SUBAIR, ADATTILPARAMBIL, CHIYYANUR,
KOKKUR P.O, AALANKOD VILLAGE, NANNAMMUKKU,
KOKKUR, MALAPPURAM, KERALA,, PIN - 679585
BY ADVS.
AQIB SOHAIL P.S.
RIZWANA A.A.
RESPONDENTS/RESPONDENTS:
1 SUBAIR A
AGED 53, S/O SIDIQUEHAJI (LATE),
ADATTIPPARAMBIL HOUSE, KANJIYOOR, NANNAMMUKKU,
KANJIYOOR, NANNAMMUKKU PO, PIN - 679575
2 SAFIYA SIDIQUE,
AGED 66, W/O SIDIQUE HAJI (LATE),
ADATTIPPARAMBIL HOUSE, KANJIYOOR, NANNAMMUKKU,
KANJIYOOR, NANNAMMUKKU PO,, PIN - 679575
3 SALIM A S,
AGED 49, S/O SIDIQUE HAJI (LATE),
ADATTIPPARAMBIL HOUSE,KANJIYOOR, NANNAMMUKKU,
KANJIYOOR, NANNAMMUKKU PO,, PIN - 679575
4 FATHIMA UMMER,
AGED 44, W/O UMMAR A V, AMMACHUTTUVALAPPIL
HOUSE VATTENAAD, KOOTTANAAD, PIN:, PIN - 679533
5 MISRIYA SHIHAB,
AGED 40, W/O SHIHAB, ADATTIPPARAMBIL
HOUSE,KANJIYOOR, NANNAMMUKKU, KANJIYOOR,
NANNAMMUKKU PO,, PIN - 679575
O.P.(FC) No.274 of 2024
2
THIS OP (FAMILY COURT) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
O.P.(FC) No.274 of 2024
3
V.G.ARUN
&
S.MANU, JJ.
========================
O.P.(FC) No.274 of 2024
=========================
Dated this the 23rd day of April, 2024
JUDGMENT
V.G.Arun, J.
The petitioner is aggrieved by the order passed in I.A. No.6/2024 in O.P No.1074/2023, whereby an order of attachment passed earlier was lifted by the Family Court, at the instance of the 1st respondent.
2. The learned counsel for the petitioner submits that even though an application for obtaining certified copy of the order in I.A. No.6/2024 is filed, the copy has not been issued.
It is submitted that unless the copy is issued urgently, the respondents may alienate the property, thereby defeating the petitioner's rights.
3. Having heard the learned counsel, we dispose of the original petition directing the Family Court, Tirur to issue certified copy of the order in I.A. No.6/2024 in O.P O.P.(FC) No.274 of 2024 4 No.1074/2023 to the petitioner within two weeks, provided the copy application filed is proper in all respects.
The operation of the order passed in I.A. No.6/2024 will stand stayed for a period of two weeks.
Sd/-
V.G.ARUN, JUDGE Sd/-
S.MANU, JUDGE SMF O.P.(FC) No.274 of 2024 5 APPENDIX OF OP (FC) 274/2024 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE PHOTOCOPY OF THE ORIGINAL PETITION IN O.P. 1074/2023 BEFORE THE FAMILY COURT, TIRUR EXHIBIT P2 THE TRUE PHOTOCOPY OF THE INTERIM APPLICATION FOR ATTACHMENT ALONG WITH SCHEDULE NUMBERED IA 2/2023 IN O.P. 1074/2023 BEFORE THE FAMILY COURT, TIRUR EXHIBIT P3 THE TRUE PHOTOCOPY OF THE INTERIM APPLICATION FILED FOR LIFTING THE ATTACHMENT, ACCOMPANIED BY THE SCHEDULE NUMBERED IA 6/2024 IN O.P. 1074/2023 BEFORE THE FAMILY COURT, TIRUR EXHIBIT P4 THE TRUE COPY OF THE COUNTER IN IA 6/2024 IN OP 1074/2023 BEFORE THE FAMILY COURT, TIRUR EXHIBIT P5 THE TRUE PHOTOCOPY OF THE SALE AGREEMENT ENTERED INTO BY RESPONDENT NO.1 AND SAID THIRD PARTIES EXHIBIT P6 THE TRUE COPY OF THE APPLICATION, ALONG WITH THE URGENT PETITION