Citation : 2022 Latest Caselaw 3620 Ker
Judgement Date : 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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