Rajeena vs Ashraf
2021 Latest Caselaw 12000 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

                              &

              THE HONOURABLE MR.JUSTICE K. BABU

TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                   OP (FC).No.275 OF 2021

     AGAINST THE ORDER IN OP 95/2018 OF FAMILY COURT,
                        MALAPPURAM


PETITIONERS/PETITIONERS   :

     1       RAJEENA,
             AGED 42 YEARS,
             W/O.ASHRAF,
             KATTAKKADAN HOUSE,
             AMBALAKKUNNU,
             KARULAYI P.O.,
             NILAMBUR TALUK,
             MALAPPURAM DIST., PIN-679330.
     2       WASIM ACHAL,
             NOW AGED 19 YEARS,
             S/O.ASHRAF,
             KATTAKKADAN HOUSE,
             AMBALAKKUNNU,
             KARULAYI P.O.,
             NILAMBUR TALUK,
             MALAPPURAM DIST., PIN-679330.

     3       ASHITHA,
             AGED 16 YEARS(MINOR),
             D/O.ASHRAF,
             REPRESENTED BY MOTHER &
 O.P.(FC) No.275 OF 2021        2




              1ST ETITIONER REJEENA,
              AGED 42 YEARS,
              W/O.ASHRAF,
              KATTAKKADAN HOUSE,
              AMBALAKKUNNU,
              KARULAYI P.O.,
              NILAMBUR TALUK,
              MALAPPURAM DIST., PIN-679330.

              BY ADV. SRI.K.MUHAMMED SALAHUDHEEN

RESPONDENT/RESPONDENT     :

              ASHRAF,
              AGED 51 YEARS,
              S/O.MUHAMED (LATE),
              KATTAKKADAN HOUSE,
              AMBALAKKUNNU,
              KARULAYI P.O.,
              NILAMBUR TALUK,
              MALAPPURAM DIST., PIN-679330.



     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 13.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(FC) No.275 OF 2021
                                                  3




                            P.B.SURESH KUMAR & K.BABU, JJ.
                           -----------------------------------------------
                                 O.P.(FC) No.275 OF 2021
                           -----------------------------------------------
                          Dated this the 13th day of April, 2021.


                                        JUDGMENT

Petitioners in O.P.No.95 of 2018 on the files of the

Family Court, Malappuram are the petitioners herein. The said

proceedings is one instituted by the petitioners against the

respondent for return of gold ornaments, money etc. Ext.P3 is an

interlocutory application filed by the petitioners to strike off the

defence of the respondent in the said proceedings. The petitioners

allege that despite various requests, the Family Court is not

considering Ext.P3 application and instead, steps are being taken

to dispose of O.P.No.95 of 2018 on merits. The petitioners

therefore, seek appropriate directions in this regard in this original

petition.

2. Heard the learned counsel for the petitioners.

3. Having regard to the facts and circumstances of the

case, we deem it appropriate to dispose of the original petition

directing the Family Court, Malappuram to consider and pass O.P.(FC) No.275 OF 2021

orders on Ext.P3 application, before the final disposal of O.P.No.95

of 2018. Ordered accordingly.

Sd/-

P.B.SURESH KUMAR, JUDGE

Sd/-

K.BABU, JUDGE.

tgs O.P.(FC) No.275 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE ORIGINAL PETITION IN O.P.95/2018 OF FAMILY COURT, MALAPPURAM.

EXHIBIT P2 THE TRUE COPY OF THE ORDER IN CMP 906/2018 IN M.C.NO.331/2018 DATED 06.12.2019 OF FAMILY COURT, MALAPPURAM.

EXHIBIT P3 THE TRUE COPY OF THE I.A.01/2020 IN O.P.

95/2018 OF FAMILY COURT, MALAPPURAM.

EXHIBIT P4 THE TRUE COPY OF THE COUNTER IN I.A.01/2020 OF FAMILY COURT, MALAPPURAM.