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Mohanan vs Ummini Bhavani(Deceased)
2022 Latest Caselaw 3620 Ker

Citation : 2022 Latest Caselaw 3620 Ker
Judgement Date : 24 March, 2022

Kerala High Court
Mohanan vs Ummini Bhavani(Deceased) on 24 March, 2022
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
          THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                 MAT.APPEAL NO. 591 OF 2011
   AGAINST THE ORDER/JUDGMENT IN OS 225/2003 OF FAMILY
                        COURT,KOLLAM
APPELLANTS:

   1      MOHANAN, S/O.SREEDHARAN,PULATHARAYIL VEEDU,
          ALUMKADAVU POST, MARUTHOORKULANGARA NORTH MURI,
          KAEUNAGAPPALLY VILLAGE, KARUNAGAPPALLY TALUK.

   2      ESWARI SOMAVALLY, W/O.MOHANAN, PLATHODATH
          VADAKKETHARAYIL, PULIYOOR VANCHI NORTH MURI,
          THODIYOOR VILLAGE FROM PULATHARA VEEDU,, ALUMKA-
          DAVU POST, MARUTHOORKULANGARA NORTH, KARUNAGAP-
          PALLY VILLAGE, KARUNAGAPPALLY.

          BY ADVS.
          SRI.PRATHEESH.P
          SRI.S.ABHILASH



RESPONDENTS:

    1     UMMINI BHAVANI(DECEASED), MALIKAKKAL VEEDU,
          KALLELIBHAGOM MURI, KALLELIBHAGOM VILLAGE,
          KARUNAGAPPALLY TALUK-690 546.

    2     LIJIMOL, AGED 24 YEARS DO.MOHANAN, MALIKAKKAL
          VEEDU, KALLELIBHAGOM MURI,, KALLELIBHAGOM VIL-
          LAGE,KARUNAGAPPALLY TALUK-690 546.

    3     RAJILAL, AGED 22 YEARS, SO.MOHANAN, MALIKAKKAL
          VEEDU, KALLELIBHAGOM MURI,, KALLELIBHAGOM VIL-
          LAGE,KARUNAGAPPALLY TALUK-690 546.

    4     PACHAN (DECEASED),S/O.PAPPU, MALIKAKKAL VEEDU,
          KALLELIBHAGOM MURI,, KALLELIBHAGOM
 MAT.APPEAL NO. 591 OF 2011
                             ..2..

         VILLAGE,KARUNAGAPPALLY TALUK-690 546.

         BY ADV MINI.V.A.




     THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
24.03.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 MAT.APPEAL NO. 591 OF 2011
                             ..3..



                  J U D G M E N T

A.Muhamed Mustaque, J This appeal was filed challenging a decree allowing

recovery of value of gold ornaments filed by the mother

and children of the appellant. The claim has been upheld

by the Family Court. When matter is pending before this

Court, the first appellant deposited the entire decree

amount. The third respondent is present before this Court

in person. The first appellant is also present before

this Court. It is submitted that on deposit of the entire

decree amount, all the disputes between the parties also

have been resolved. The second respondent namely,Lijimol,

is currently in Ahmedabad. The bank account details of

the second respondent also has been furnished before

this Court by the 3rd respondent.

2. Taking note of the facts and circumstances, we

dispose of this appeal as follows:

I) The Family Court, Karunagapally is directed to

release the amount in deposit in equal share to the second

and third respondents. The share of the second respondent MAT.APPEAL NO. 591 OF 2011 ..4..

be transferred through electronic mode to the bank

account, the details of which given below:

           Name    :Lijimol K Panicker

           Ac/No. :356802010043436

                   Union Bank of India

                    Maninagar Branch

           IFSC    :UBIN0535681

     II)   The third respondent is permitted to               withdraw

his share.


     III) The     third   respondent      submits     that   he    also

received the prior deeds of the title deed of the property

transferred by the first appellant in his name. The said

submission is also recorded.

Recording the satisfaction of the decree in full and

final settlement of the claim, the appeal is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE PR

 
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