Muhammed Jishad.V.K vs Kadeeja Sherin
2023 Latest Caselaw 9215 Ker

Mat.Appeal No.390/2023                          1/2

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                               &
                            THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
                 Wednesday, the 23rd day of August 2023 / 1st Bhadra, 1945
                        IA.NO.1/2023 IN MAT.APPEAL NO. 390 OF 2023

      COMMON JUDGMENT IN O.P 211/2021,O.P.NO.557/2021,O.P.NO.456/2022 AND M.C
                      NO.76/2021 OF FAMILY COURT, MALAPPURAM.

   APPLICANTS/APPELLANTS:

       1. MUHAMMED JISHAD.V.K., AGED 33 YEARS, S/O HASSAN, KOTTOMPADIKKAL
          HOUSE, THARAYITTAL, KARIPPOOR P.O, KONDOTTY TALUK, MALAPPURAM
          DISTRICT - 673638
       2. ASYA, AGED 57 YEARS, W/O HASSAN, KOTTOMPADIKKAL HOUSE, THARAYITTAL,
          KARIPPOOR P.O, KONDOTTY TALUK, MALAPPURAM DISTRICT - 673638

   RESPONDENTS/RESPONDENTS:

       1. KADEEJA SHERIN, AGED 25 YEARS, D/O ABDUL ASEES, KIZHAKKETHODI HOUSE,
          KONDOTTY AMSOM, KONDOTTY DESOM, KONDOTTY P.O, NEAR G.M.U.P SCHOOL,
          KANTHAKKAD, KONDOTTY TALUK, MALAPPURAM DISTRICT - 673638
       2. MEHASAN MUHAMMED, AGED 3 YEARS(MINOR), REPRESENTED BY GUARDIAN
          MOTHER KADEEJA SHERIN, KIZHAKKETHODI HOUSE, KONDOTTY AMSOM, KONDOTTY
          DESOM, KONDOTTY P.O, NEAR G.M.U.P SCHOOL, KANTHAKKAD, KONDOTTY
          TALUK, MALAPPURAM DISTRICT - 673638


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   of the Judgment in O.P.No.211/2021 rendered in common Judgment in
   O.P.No.211/2021, O.P.No.557/2021, O.P.No.456/2022 and M.C.No.76/2021 of
   the Family court, Malappuram, dated 09.03.2023, pending disposal of the
   above Matrimonial appeal.


        This Application coming on for orders, upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of MR.P.M.RAFIQ, Advocate for the applicant, the court passed the
   following:




                                                                             P.T.O
 Mat.Appeal No.390/2023                        2/2

                                         ORDER

The impugned order to the extent of the relief Nos.1 and 2 directing the appellants to return the gold ornaments or its value and also to pay Rs.1 Lakh is stayed on condition that the appellants furnish security for the relief granted within a period of two months.

Any property under attachment also can be offered as security.

Sd/- A.MUHAMED MUSTAQUE JUDGE

Sd/- SOPHY THOMAS JUDGE

23-08-2023 /True Copy/ Assistant Registrar