Abdul Samad Thaikkandy vs Naseema K.P
2021 Latest Caselaw 20675 Ker

Mat.Appeal No.546/2021                          1/2

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                               &
                          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
             Tuesday, the 5th day of October 2021 / 13th Aswina, 1943
                    IA.NO.1/2021 IN MAT.APPEAL NO. 546 OF 2021
                 OP 523/2019 OF FAMILY COURT, THALASSERY, KANNUR
   PETITIONER/APPELLANT:

           ABDUL SAMAD THAIKKANDY, S/O.ABDULLA THAIKKANDY, AGED 52 YEARS,
           EKKANDY HOUSE, AMBUKUTHI MAIDANAM, P.O.MANANTHAVADI, WAYANAD
           DISTRICT-670645,
           REPRESENTED BY HIS P/A HOLDER, MUHAMMED ASHRAF.T.K, AGED 60,S/O
           ABDULLA, THYKKANDY HOUSE, MANANTHAVADY, WAYANAD DISTRICT.

   RESPONDENT/PETITIONERS:

       1. NASEEMA K.P., D/O.P.V.ABOOTTY, AGED 43 YEARS, P.K.HOUSE,
          OLAYIKKARA.P.O, KOTTAYAM MALABAR, THALASSERY TALUK, KANNUR
          DISTRICT-670643.
       2. SHAMIL SAMAD.T.K, S/O.ABDUL SAMAD.T.K,AGED 21 YEARS, P.K.HOUSE,
          OLAYIKKARA.P.O, KOTTAYAM MALABAR, THALASSERY TALUK, KANNUR
          DISTRICT-670643.
       3. YARIN A SAMAD, D/O.ABDUL SAMAD.T.K, AGED 18 YEARS, P.K.HOUSE,
          OLAYIKKARA.P.O, KOTTAYAM MALABAR, THALASSERY TALUK, KANNUR
          DISTRICT-670643.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   and execution proceedings as per judgement dated 27.03.2021 in
   O.P.No.523/2019 on the file of the Honourable Family Court, Thalassery,
   pending disposal of the above appeal.

        This Application coming on for orders, upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of M/S.TONY THOMAS INCHIPARAMBIL, P.THOMAS GEEVERGHESE, E.S.FIROS and
   AMRUTHA K.P., Advocates for the applicant, the court passed the following:
 Mat.Appeal No.546/2021                      2/2




                                       ORDER

The operation of the impugned judgment is stayed on condition that half of the amount due for the past maintenance under the impugned judgment is deposited within a period of one month, and furnish security for the balance amount. On deposit of the amount, the respondents are given liberty to withdraw the same.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

05-10-2021 /True Copy/ Assistant Registrar