Kerala High Court
Jumailath P.S. vs Shefeeque P.V. on 9 February, 2021
+++IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
OP (FC).No.226 OF 2020
AGAINST THE ORDER IN I.A.NO.3 OF 2020 IN O.P.NO.119 OF 2020
DATED 18-03-2020 OF FAMILY COURT, TIRUR
-------
PETITIONER/S:
1 JUMAILATH P.S., AGED 22 YEARS,
W/O. SHEFEEQUE P.V., NOW RESIDING AT ANJU NIRA THUNDIYIL
HOUSE, PACHALAM (P.O), ERNAKULAM, PIN-680012.
2 SHAJI P.I., AGED 49 YEARS,
S/O. P.M.ISMAIL, ANJU NIRA THUNDIYIL HOUSE,
PACHALAM (P.O), ERNAKULAM, PIN-680012.
3 NAZEEMA SHAJI, AGED 39 YEARS,
W/O. SHAJI, ANJU NIRA THUNDIYIL HOUSE,
PACHALAM (P.O), ERNAKULAM, PIN-680012.
BY ADVS.
SMT.MANJU PAUL
SRI.C.N.SREEKUMAR
SRI.SABU P.JOSEPH
SMT.G.ASHWINI
SRI.ANIL PRASAD
RESPONDENT/S:
1 SHEFEEQUE P.V., AGED 26 YEARS
S/O. ASHRAF, KALLINGAL HOUSE,
NEAR A.V.HIGH SCHOOL PONNANI, PONANI (P.O),
MALAPPURAM DISTRICT, PIN-679586.
2 SUHARA, AGED 50 YEARS,
W/O. LATE ASHRAF, KALLINGAL HOUSE,
NEAR A.V.HIGH SCHOOL PONNANI, PONANI (P.O),
MALAPPURAM DISTRICT, PIN-679586.
R1-2 BY ADV. SRI.K.B.ARUNKUMAR
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 09.02.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.226/2020 2
JUDGMENT
Dated this the 9th day of February 2021
A.Muhamed Mustaque, J.
This Original Petition was filed challenging
Ext.P14 order of the Family Court, Tirur in I.A.No.3 of
2020 in O.P.No.119 of 2020. The dispute in that
application was in regard to the handing over of the
Volkswagen Polo Car bearing registration No.KL-07-CH-
4970. The Interlocutory Application was filed for
mandatory injunction to hand over the car. That was
dismissed. This Court in this original petition passed
an order on 26.11.2020 directing the respondents to
place the vehicle in the custody of the Family Court,
Tirur. Accordingly, the vehicle was produced before
the Family Court and the same was in the custody of the
Family Court. This Court again passed an order on
22.1.2021 to release the vehicle to the second
petitioner on interim custody, pending proceedings
before the Family Court. It is now submitted that the
vehicle has been released to the second petitioner.
2. Today, the petitioners filed two interlocutory
applications, I.A.Nos.1 and 2. One is for receiving
additional document and the other is claiming
Rs.1,14,416/- from the first respondent towards the
repair charges of the car. According to the
petitioners, due to the mishandling of the vehicle by
the respondents, the vehicle needs to be repaired.
The original petition is arising from an order
declining the interim custody of the vehicle. The
vehicle has been released to the second petitioner as a
measure till the disposal of the proceedings of the
Family Court. In such circumstances, the petitioners
can very well move the Family Court for any other
reliefs in regard to the vehicle. With liberty as
above, we decline to entertain the applications moved
before this Court. Since nothing further survives in
the matter, in the light of the interim order already
passed, the Original Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
JUDGE
ln
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED
05.09.2016 OF THE CAR BEARING REGISTRATION
NO.KL-07-CH-4970.
EXHIBIT P2 TRUE COPY OF THE STATEMENT OF H.D.F.C BANK
SHOWING THE PAYMENT OF THE LOAN INSTALLMENT.
EXHIBIT P3 TRUE COPY OF THE INSURANCE POLICE DATED
09.09.2017 ISSUED BY THE UNITED INDIA INSURANCE
COMPANY FOR THE VOLKSWAGEN POLO CARD BEARING
REGISTRATION NO.KL-07-CH-4970 FOR A PERIOD OF
09.09.2017 TO 08.09.2018.
EXHIBIT P4 TRUE COPY OF THE REMINDER MEMO DATED
02.01.2019, ON THE CHARGE MEMO
NO.MVD/KEL/80054/94710/2017 DATED 14.03.2017.
EXHIBIT P5 TRUE COPY OF THE REMINDER MEMO DATED
19.03.2019, ON THE CHARGE MEMO
NO.JK/3/185862/18 DATED 30.08.2018.
EXHIBIT P6 TRUE COPY OF THE REMINDER MEMO DATED
19.03.2019, ON THE CHARGE MEMO
NO.JK/3/158902/18 DATED 30.08.2018.
EXHIBIT P7 TRUE COPY OF THE M.P.NO.1099 OF 2018 IN
M.C.NO.444 OF 2018 FILED BEFORE THE HON'BLE
FAMILY COURT, ERNAKULAM.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 28.02.2019 IN
M.P.NO.1099 OF 2018 IN M.C.NO.444 OF 2018 OF
THE FAMILY COURT, ERNAKULAM.
EXHIBIT P9 TRUE COPY OF THE PETITION IN M.P.NO.295 OF 2019
IN M.C.NO.444 OF 2018 FILED BEFORE THE FAMILY
COURT, ERNAKULAM.
EXHIBIT P10 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
1ST RESPONDENT IN M.P.NO.295 OF 2019 IN
M.C.NO.444 OF 2018 FILED BEFORE THE FAMILY
COURT, ERNAKULAM.
EXHIBIT P11 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
1ST RESPONDENT IN M.P.NO.295 OF 2019 IN
M.C.NO.444 OF 2018 BEFORE THE FAMILY COURT
ERNAKULAM.
EXHIBIT P12 TRUE COPY OF THE PETITION IN I.A.NO.3 OF 2020
IN O.P.NO.119 OF 2020 FILED BY THE PETITIONERS
BEFORE THE HON'BLE FAMILY COURT, TIRUR.
EXHIBIT P13 TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENTS IN I.A.NO.3 OF 2020 IN O.P.NO.119
OF 2020 BEFORE THE HON'BLE FAMILY COURT, TIRUR.
EXHIBIT P14 TRUE COPY OF THE ORDER DATED 18.03.2020 IN
I.A.NO.3 OF 2020 IN O.P.NO.119 OF 2020 PASSED
BY THE FAMILY COURT, TIRUR.
EXHIBIT P15 TRUE COPY OF THE VEHICLE INSURANCE POLICY NO.
441005/31/20201/5849 VALID FOR A PERIOD FROM
01-12-2020 TO 30-11-2021 ISSUED BY THE ORIENT
INSURANCE COMPANY LIMITED.
EXHIBIT P16 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF
VOLKSWAGEN POLO CR BEARING REGISTRATION NO.KL-
07-CH-4970 ISSUED BY THE REGISTERING AUTHORITY,
RTO, ERNAKULAM.
EXHIBIT P17 TRUE COPY OF THE STATEMENT OF ACCOUNT OF 2ND
PETITIONER IN FEDERAL BANK LTD. PACHALAM
BRANCH.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
