Neethu N. K vs Jyothi
2021 Latest Caselaw 8539 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

          THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                        OP (FC).No.193 OF 2021

  AGAINST     OP 483/2019 OF FAMILY COURT, KOTTAYAM AT ETTUMANOOR


PETITIONER:

               NEETHU N. K.
               AGED 36 YEARS
               W/O. RAJEEVKUMAR, KIZHAKUMURI KARA, KOKKOTHAMANGALAM
               VILLAGE, CHERTHALA TALUK, CHERTHALA P. O., ALAPPUZHA
               - 688527.

               BY ADV. SRI.K.SHAJ

RESPONDENTS:

      1        JYOTHI, AGED 45 YEARS
               D/O. VALSALA, KUNNUMPURAM HOUSE, THRIKKOTHINAM
               VILLAGE, CHANGANACHERRY TALUK, THRIKKODITHANAM P. O.,
               KOTTAYAM - 686548.

      2        ANILKUMAR, AGED 42 YEARS
               S/O SHANTHAKUMARAN NAIR, RESIDING AT ANIL NIVAS,
               CHANGANACHERRY TALUK,
               THRIKKODITHANAM P. O., KOTTAYAM - 686548.

      3        VASUMATHI
               AGED 75 YEARS
               W/O SHANTHAKUMARAN NAIR, RESIDING AT ANIL NIVAS,
               CHANGANACHERRY TALUK, THRIKKODITHANAM P. O.,
                KOTTAYAM - 686548.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION            ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC).No.193/2021
                                        2

                                     JUDGMENT

Dated this the 15th day of March 2021 A.MUHAMED MUSTAQUE, J

The petitioner herein is the claim petitioner before

the Family Court, Kottayam at Ettumanoor in

O.P.No.483/2019. The Family Court ordered attachment of

the property upon which the petitioner has raised a claim.

It appears that the petitioner has moved the Family Court

as early as on 4.6.2019. On account of the delay in finalizing the proceedings, the petitioner has approached

this Court.

2. Having regard to the facts and circumstances of

the case, we are of the view that the Family Court can be

directed to dispose of the claim petition filed by the

petitioner, within a period of two months, after hearing

all sides. Directed accordingly. In the nature of the order

passed above, notice to the respondents is dispensed with.

The petitioner shall produce a copy of this judgment before

the Family Court. A copy of the judgment shall also be

served to the counsel appearing for the respondents before

the Family Court.

With the above observations, this O.P.(FC) is disposed of.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

kp True copy DR. KAUSER EDAPPAGATH, JUDGE P.A to Judge O.P.(FC).No.193/2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE SALE DEED DATED 29.04.2019 VIDE NO.833/2019 OF THENGANA SUB REGISTRAR OFFICE.

EXHIBIT P2 THE TRUE COPY OF I.A.NO.1130/2019 FILED BY THE PETITIONER IN OP NO.483/2019 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR.

EXHIBIT P3 THE TRUE COPY OF JUDGMENT DATED 12.02.2020 IN W.P.9C) NO.19729/2019 OF THIS HON'BLE COURT.

EXHIBIT P4 THE TRUE COPY OF TAX RECEIPT DATED 08.06.2020 BEARING NO.KL05011004347/2020 ISSUED BY VILLAGE FIELD ASSISTANT, THRIKKODITHANAM TO THE PETITIONER.