Fareeda.M.K vs Abdulrahman.K.V
2021 Latest Caselaw 6326 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                              &

              THE HONOURABLE MR.JUSTICE C.S.DIAS

  MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA,
                           1942

                    OP (FC).No.151 OF 2019

   AGAINST THE ORDER/JUDGMENT IN OP 231/2018 OF FAMILY
                      COURT, TIRUR


PETITIONER:

              FAREEDA.M.K, AGED 29 YEARS, D/O. MUNDEKKATTIL
              MOIDEEN, VENGINIKKARA, AYILAKKAD, MALAPPURAM
              DISTRICT-679 576.

              BY ADV. SMT.DEEPA NARAYANAN

RESPONDENTS:

     1        ABDULRAHMAN.K.V, AGED 32 YEARS, S/O ABU,
              KOYAMBRATH VALAPPIL HOUSE, KUTTIPPURAM P.O.,
              TIRUR TALUK, MALAPPURAM DISTRICT-679 571.

     2        ABU, AGED 62 YEARS, S/O SAIDALI, KOYAMBRATH
              VALAPPIL HOUSE, KUTTIPPURAM P.O., TIRUR TALUK,
              MALAPPURAM DISTRICT-679 571.

     3        FATHIMA, AGED 55 YEARS, W/O ABU, KOYAMBRATH
              VALAPPIL HOUSE, KUTTIPPURAM P.O., TIRUR TALUK,
              MALAPPURAM DISTRICT-679 571.

              R2-3 BY ADV. SRI.K.P.SUDHEER

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
22-02-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.151 OF 2019

                            ..2..


                          JUDGMENT

Dated this the 22nd day of February 2021 A.Muhamed Mustaque, J

This original petition was filed challenging

Ext.P5 order. By Ext.P5 order, the Family Court

allowed substitution of the property and attachment

with another property. The main challenge of the

petitioner is that without taking the valuation of

the property such substitution ought not to have

been allowed. In fact, the Family Court considered

all aspects related to the comparability of the

property and passed orders.

We do not find any reason to interfere with such

order by invoking Article 227 of the Constitution of

India. Accordingly, the original petition is

dismissed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.151 OF 2019

..3..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION, O.P.NO.231/2018 DATED 19.4.2018.

EXHIBIT P2 TRUE COPY OF THE APPLICATION, I.A.NO.537/2018 DATED 19.4.2018.

EXHIBIT P3 TRUE COPY OF THE APPLICATION, I.A.NO.91/2019 FILED BY THE 2ND RESPONDENT, DATED 8.1.2019.

EXHIBIT P4 TRUE COPY OF THE COUNTER DATED 23.1.2019 FILED BY THE PETITIONER IN EXT.P3.

EXHIBIT P5 TRUE COPY OF THE ORDER IN EXT.P3, I.A.NO.91/2019, DATED 25.1.2019 PASSED BY THE FAMILY COURT, TIRUR.