Kerala High Court
Chinnamma Scaria vs Benoy Scaria on 2 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
OP (FC).No.72 OF 2021
IN OP 219/2020 OF FAMILY COURT, KATTAPPANA
PETITIONER/PETITIONER IN OP:
CHINNAMMA SCARIA
AGED 73 YEARS
W/O. LATE MATHAI SCARIA, KURAKUNNEL HOUSE, KATTAPPANA
P.O. IDUKKI KAVALA, KATTAPPANA VILLAGE, IDUKKI TALUK,
IDUKKI DISTRICT 685 508.
BY ADVS.
SRI.VARGHESE C.KURIAKOSE
SHRI.SUSANTH SHAJI
RESPONDENTS/RESPONDENTS:
1 BENOY SCARIA
AGED 48 YEARS
S/O. LATE MATHAI SCARIA, KURAKUNNEL HOUSE, KATTAPPANA
P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK,
IDUKKI DISTRICT 685 508.
2 BIJU SCARIA,
AGED 45 YEARS
S/O. LATE MATHAI SCARIA, KURAKUNNEL HOUSE, KATTAPPANA
P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK,
IDUKKI DISTRICT 685 508.
3 JESSY SCARIA,
AGED 54 YEARS
D/O. LATE MATHAI SCARIA, KURAKUNNEL HOUSE, KATTAPPANA
P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK,
IDUKKI DISTRICT 685 508.
4 BINDHU BENOY,AGED 45 YEARS
W/O. BENOY,
KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA,
KATTAPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT 685
508.
O.P.(FC).No.72/2021
2
5 BINDHU SHAJEE,
AGED 44 YEARS
W/O. LATE SHAJEE,
KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA,
KATTAPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT
685 508.
6 ANNA SHAJEEV,
AGED 24 YEARS
D/O. LATE SHAJEE,, KURAKUNNEL HOUSE, KATTAPPANA
P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI
TALUK, IDUKKI DISTRICT 685 508.
7 MARIYA SHAJEE,
AGED 18 YEARS
D/O. LATE SHAJEE,, KURAKUNNEL HOUSE, KATTAPPANA
P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI
TALUK, IDUKKI DISTRICT 685 508.
8 ALPHONSA SHAJEE,
AGED 15 YEARS
D/O. LATE SHAJEE,, KURAKUNNEL HOUSE, KATTAPPANA
P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI
TALUK, IDUKKI DISTRICT 685 508
REPRESNED BY MOTHER BINDHU SHAJEE.
9 SAVIO SHAJEE,
AGED 13 YEARS
S/O. LATE SHAJEE,, KURAKUNNEL HOUSE, KATTAPPANA
P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI
TALUK, IDUKKI DISTRICT 685 508.
REPRESENTED BY MOTHER BINDHU SHAJEE.
10 KERALA STATE CO-OPERATIVE BANK,
(FORMERLY IDUKKI DISTRICT CO-OPERATIVE BANK), P.B.
NO. 2, IDUKKI COLOY P.O. IDUKKI 685 602.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.72/2021
3
JUDGMENT
Dated this the 2nd day of March 2021
A.MUHAMED MUSTAQUE, J
This original petition was filed by the petitioner in
O.P.No.219/2020 on the files of the Family Court,
Kattappana. The petitioner filed I.A.No.1/2020 on 6.3.2020
for a temporary injunction restraining the 10th respondent
and persons under them from alienating the petition
schedule property. Since the matter was not taken up, the
petitioner has approached this Court.
2. This Court has called for a report. The report
dated 10.2.2021 is on board. The Family Court Judge has
reported that there was no request from the petitioner to
hear the matter urgently when the case was posted on
18.12.2020.The original petition and IA were adjourned to
18.2.2021. On that day also there was no request for
urgent hearing.
Taking note of the limited relief sought for by the
petitioner, the Family Court is directed to post the case
on 15.3.2021. The petitioner shall serve a copy of this
judgment to the counsel for parties appearing before the
O.P.(FC).No.72/2021
Family Court. A copy of the judgment shall also be
produced before the Family Court.
O.P.(FC).No.72/2021 is disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
Dr. KAUSER EDAPPAGATH
kp True copy JUDGE
P.A. To Judge
O.P.(FC).No.72/2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE PLAINT
(PETITION) IN O.P. NO. 219/2020 ON THE
FILES OF FAMILY COURT, KATTAPPANA.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE I.A. NO. 1/2020
IN O.P. NO. 219/2020 ON THE FILES OF FAMILY
COURT, KATTAPPANA.
