Haseena T.P vs Nasiya K.A
2023 Latest Caselaw 925 Ker

RSA No.677/2022                                        1/2

                               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                                 PRESENT
                                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA
                  Tuesday, the 17th day of January 2023 / 27th Pousha, 1944
                                    IA.NO.1/2022 IN RSA NO. 677 OF 2022
                                    AS 12/2021 OF SUB COURT, HOSDURG
                                  OS 78/2019 OF MUNSIFF COURT, HOSDURG
   PETITIONERS/APPELLANTS:

      1. HASEENA T.P., AGED 38 YEARS, W/O LATE H ASHRAF, RESIDING AT MUDIYAKKAL,
          PALAKKUNNU, BEKAL P.O, PALLIKKARA VILLAGE, KASARAGOD DISTRICT 671318.
      2. ASHIQ, AGED 20 YEARS, S/O LATE H ASHRAF, RESIDING AT MUDIYAKKAL, PALAKKUNNU,
          BEKAL.P.O, PALLIKKARA VILLAGE, KASARAGOD DISTRICT 671318.
      3. ABDULLA HYFER, AGED 17 YEARS, MINOR REPRESENTED BY GUARDIAN, 1ST APPELLANT,
          HASEENA.T.P, S/O.LATE H ASHRAF, RESIDING AT MUDIYAKKAL, PALAKKUNNU, BEKAL.P.O,
          PALLIKKARA VILLAGE, KASARAGOD DISTRICT 671318.
      4. AFSEENA,(MINOR), AGED 13 YEARS, REPRESENTED BY GUARDIAN, 1ST APPELLANT,
          HASEENA.T.P, D/O.LATE H ASHRAF, RESIDNG AT MUDIYAKKAL, PALAKKUNNU, BEKAL.P.O,
          PALLIKKARA VILLAGE, KASARAGOD DISTRICT 671318.
      5. ABDUL AYMAN,(MINOR), AGED 12 YEARS, REPRESENTED BY GUARDIAN, 1ST APPELLANT,
          HASEENA.T.P, S/O.LATE H ASHRAF, RESIDING AT MUDIYAKKAL, PALAKKUNNU, BEKAL.P.O,
          PALLIKKARA VILLAGE, KASARAGOD DISTRICT 671318.

   RESPONDENTS/RESPONDENTS:

      1. NASIYA K.A, AGED 38 YEARS W/O.LATE H ASHRAF, RESIDING AT PUDIYAPURA HOUSE,
          MANIYANPARA, BADOOR.P.O, PALLIKKARA VILLAGE, KASARAGOD DISTRICT 671321.
      2. MUHAMMED ASHFAQ,(MINOR),AGED 15 YEARS,REPRESENTED BY NEXT FRIEND-MOTHER,
          NASIYA K.A, S/O LATE H ASHRAF, RESIDING AT PUDIYAPURA HOUSE, MANIYANPARA,
          BADOOR.P.O, PALLIKKARA VILLAGE, KASARAGOD DISTRICT,671321.
      3. ABDULLA ADIL,(MINOR), AGED 12 YEARS,REPRESENTED BY NEXT FRIEND-MOTHER, NASIYA
          K.A, S/O LATE H ASHRAF, RESIDING AT PUDIYAPURA HOUSE, MANIYANPARA, BADOOR.P.O,
          PALLIKKARA VILLAGE, KASARAGOD DISTRICT,671321.
      4. THE MANAGER, CANARA BANK, PALAKKUNNU BRANCH, PALAKKUNNU, HOSDURG TALUK.

          Application praying that in the circumstances stated in the affidavit filed therewith the High
   Court be pleased to issue an interim order staying operation of the decree dated 30.01.2021 in
   OS.NO.78/2019 of the Munsiff Court, Hosdurg as confirmed by judgment dated 30.09.2022 in
   AS.No.12/2021 of the Court of the Subrodinate Judge, Hosdurg, pending disposal of the above Second
   Appeal to secure the ends of justice.

          This Application again coming on for orders upon perusing the application and the affidavit
   filed in support thereof and this Court's order dated 10.11.2022 and upon hearing the arguments of
   M/S.SURESH KUMAR KODOTH, SUKARNAN, Advocates for the petitioners, ANN SUSAN GEORGE
   Advocate for the Respondents 1 to 3,the court passed the following:

                                             O R D E R

Interim order already granted is extended for three months.

                                                                 Sd/-M.R.ANITHA,JUDGE
 RSA No.677/2022                 2/2




17-01-2023        /True Copy/         Assistant Registrar