Kerala High Court
Afeena Shafeek vs Ajinas Hassankutty on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
O.P.(FC) NO. 706 OF 2022
SPEEDY DISPOSAL OF I.A.NO.3369 OF 2019 IN O.P.(OTHERS)
NO.1543 OF 2019 OF THE FAMILY COURT, MAVELIKKARA
PETITIONER:
AFEENA SHAFEEK
AGED 27 YEARS, D/O V.A.SHAFEEK, AFEENA MANZIL,
KUTATTIKKADU, MANNAR P.O, CHENGANNUR TALUK,
ALAPPUZHA DISTRICT, PIN 689622, NOW RESIDING AT
THUNDIYIL, KURATTIKKADU, MANNAR P.O., MANNAR
P.O, CHENGANNUR TALUK,
ALAPPUZHA DISTRICT, PIN - 689622.
BY ADV K.RAJESH KANNAN
RESPONDENTS:
1 AJINAS HASSANKUTTY
AGED 31 YEARS, S/O HASSANKUTTY, CHOLAKKUNDIL,
KALIYAR P.O,
KALIYAR, VANNAPURAM, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685607.
2 HASSANKUTTY C.A.,
AGED 58 YEARS, S/O LATE ABDULLA C.H.,
CHOLAKKUNDIL, KALIYAR P.O., KALIYAR,
VANNAPURAM, THODUPUZHA, IDUKKI DISTRICT, PIN -
685607.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(FC) No.706 of 2022
JUDGMENT
P.G.Ajithkumar, J.
This Original Petition under Article 227 of the
Constitution of India is filed by the petitioner in O.P.(Others)
No.1543 of 2019 on the file of the Family Court,
Mavelikkara. The petitioner seeks a direction to the Family
Court, Mavelikkara to dispose of Ext.P2, I.A.No.3369 of
2019 in O.P.(Others) No.1543 of 2019 within a time frame
fixed by this Court.
2. Considering the nature of relief proposed to be
granted in this Original Petition, service of notice on the
respondents is dispensed with.
3. Heard the learned counsel appearing for the
petitioner.
4. The petitioner has filed O.P.(Others) No.1543 of
2019 seeking a decree for return of gold ornaments or its
current value and recovery of money. Along with the said
original petition, the petitioner has filed I.A.No.3369 of
O.P.(FC) No.706 of 2022
2019 seeking an order of attachment of the immovable
properties scheduled thereto. The grievance of the
petitioner is that I.A.No.3369 of 2019 filed in December,
2019 is yet to be considered, despite filing a petition
seeking early hearing and any further delay may result in
defeating the right of the petitioner.
5. Very purpose of filing I.A.No.3369 of 2019 is to
secure realisation of debt as per the decree that may be
passed in the original petition. If a decision on that
application, without unnecessary delay, is taken, there is
every possibility for defeating the right of the petitioner,
once a decree is passed in the original petition. In such
circumstances, we are of the view that there shall be
direction to the Family Court, Mavelikkara to dispose of
Ext.P3 within a reasonable time.
6. Accordingly, this Original Petition is disposed of
directing the Family Court, Mavelikkara to dispose of Ext.P2
(I.A.No.No.3369 of 2019 in O.P.(Others) No.1543 of 2019)
O.P.(FC) No.706 of 2022
within a period of one month from the date of production of
a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
O.P.(FC) No.706 of 2022
APPENDIX OF OP (FC) 706/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER AS O.P. (OTHERS) NO.
1543/2019 DATED 16.12.2019 BEFORE THE
FAMILY COURT, MAVELIKARAFOR REALIZA-
TION OF MONEY AND GOLD ORNAMENTS
EXHIBIT P2 TRUE COPY OF THE I.A. NO.3369/2019 IN
O.P. (OTHERS) NO. 1543/2019 OF THE
FAMILY COURT, MAVELIKARA DATED
16.12.2019.
EXHIBIT P3 TRUE COPY OF I.A. NO.1/2021 IN O.P.
(OTHERS) NO. 1543/2019 ON THE FILE OF
THE FAMILY COURT, MAVELIKARA DATED NIL
