Dr. Jikky vs Anitha Vikraman
2021 Latest Caselaw 7621 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

          THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                        OP (FC).No.107 OF 2020

 AGAINST THE ORDER DATED 7.2.2020 IN 1458/2019 IN OP 704/2016 OF
                     FAMILY COURT, ATTINGAL


PETITIONER:

               DR. JIKKY
               AGED 46 YEARS
               W/O. SURESH KUMAR, RADHA NIVAS, ATTINGAL P.O.
               ATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK,
               THIRUVANANTHAPURAM DISTRICT 695 101.

               BY ADVS.
               SRI.M.BALAGOVINDAN
               SRI.S.SHIBU KUMAR
               SMT.S.ABJA
               SRI.A.ANOOP

RESPONDENTS:

      1        ANITHA VIKRAMAN
               D/O. RADHAMANI,
               RADHA NIVAS, VEERALAM,
               ATTINGAL P.O. ATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK,
               THIRUVANANTHAPURAM DISTRICT 695 101.

      2        S. SURESH KUMAR,
               S/O. N. SREEDHARAN VAIDHYAN,
               RADHA NIVAS,CHIRAYINKEEZHU ROAD, ATTINGAL P.O.
               CHITTATTINKARA DESOM,
               ATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK,
               THIRUVANANTHAPURAM DISTRICT 695 101.

      3        AJITHA SURESH BABU,
               D/O. N. SREEDHARAN VAIDHYAN, SREEVISAKHAM VEEDU,
               PADANORTH, KARUNAGAPALLY, KOLLAM DISTRICT 690 544.
 O.P.(FC).No.107/2020
                                 2


       4       S. DILEEP KUMAR,
               S/O. N . SREEDHARAN VAIDHAYAN,
               RADHA NIVAS, CHIRAYINKEEZHU ROAD, ATTINGAL P.O.
               CHITTATTINKARA DESOM, ATTINGAL VILLAGE,
               CHIRAYINKEEZHU TALUK,
               THIRUVANANTHAPURAM DISTRICT 695 101.

               R1 BY ADV. SRI.SHAJIN S.HAMEED
               R1 BY ADV. SRI.R.GOPAN

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD            ON
4.3.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC).No.107/2020
                                           3


                                    JUDGMENT

Dated this the 4th day of March 2021

A.MUHAMED MUSTAQUE, J.

The petitioner obtained an attachment in

O.P.No.704/2016 in respect of the property owned by the 1 st

respondent herein. The 1st respondent thereafter filed

I.A.No.1458/2019 seeking a direction to pay tax in the name

of Thandaper holder. The said petition was allowed as per

order dated 7.2.2020. The said order is under challenge in

this original petition.

2. The person in whose name the Thandaper Register is

entered is permitted to pay land tax and enjoy the property

in accordance with law. The attachment over the property

will not affect the said right of the parties. The

petitioner herein is in no way affected by the said order

passed by the Family Court permitting the Thandaper holder

to pay land tax.

There is no merit in the original petition and hence,

this OP(FC) is dismissed.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

kp True copy Dr. KAUSER EDAPPAGATH, JUDGE P.A. To Judge O.P.(FC).No.107/2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION IN O.P. 704/2016 BEFORE THE FAMILY COURT ATTINGAL 13/06/2016.

EXHIBIT P2 TRUE COPY OF THE PARTITION SUIT IN O.S.

37/2016 BEFORE THE SUB COURT, ATTINGAL DATED 07/09/2016.

EXHIBIT P3 TRUE COPY OF THE COUNTER CLAIM DATED 07/08/2018.

EXHIBIT P4 TRUE COPY OF THE F.I.R. DATED 05/10/2016.

EXHIBIT P5 TRUE COPY OF THE I.A. 1458/2019 IN O.P.

704/2016 DATED 07.03.2019.

EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 22/11/2019.

EXHIBIT P7 TRUE COPY OF THE ORDER IN I.A. 1458/2019 IN O.P. 704/2016 DATED 07.02.2020.