Naseer Babu vs Najmunnissa
2023 Latest Caselaw 6548 Ker

Mat.Appeal No.275/2023                          1/2

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                               &
                            THE HONOURABLE MRS. JUSTICE SOPHY THOMAS


                             Tuesday, the 13th day of June 2023 / 23rd Jyaishta, 1945

                    IA.NO.1/2023 IN MAT.APPEAL NO.275 OF 2023
                    OP 1048/2021 OF FAMILY COURT, MALAPPURAM.
   PETITIONERS/APPELLANTS:

       1. NAZIR BABU, AGED 48 YEARS, S/O. MOIDEENKUTTY, PALAKKAPALLIYALI
          HOUSE, ATHARIKKAL, POOKKOTTUR, VALLUVAMBRAM P.O., MALAPPURAM-
          676528. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, GAFOOR.P.,
          S/O.UMMER, AGED 36 YEARS, PERUVANTHODI HOUSE, ARIMBRA, MORAYUR,P.O.,
          MALAPPURAM DISTRICT-673642.
       2. FATHIMA KUNNUMMAL, AGED 64 YEARS, W/O. MOIDEENKUTTY,
          PALAKKAPALLIYALI HOUSE, ATHARIKKAL, POOKKOTTUR, VALLUVAMBRAM P.O.,
          MALAPPURAM -676528
       3. MOIDEENKUTTY, AGED 67 YEARS, S/O. ALAVIKUTTY, PALAKKAPALLIYALI
          HOUSE, ATHARIKKAL, POOKKOTTUR, VALLUVAMBRAM P.O., MALAPPURAM,
          PIN-676528

   RESPONDENT/RESPONDENT:

           NAJMUNNISSA, AGED 40 YEARS, D/O. USMAN, CHAKKUMPURAM HOUSE,
           CHERUVATHUR ROAD,
           MONGAM P.O., MALAPPURAM DISTRICT- 673642.


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay all further
   proceedings and further operation of the judgment dated 30.01.2023 as
   against the petitioners/appellants in O.P.No.1048/2021 on the files of the
   Family Court, Malappuram pending disposal of this Matrimonial Appeal in
   the interest of justice.


        This Application coming on for orders, upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of MR.U.K.DEVIDAS, Advocate for the appellants, and of MR.K.RAKESH
   Advocate for the respondent, the court passed the following:




                                                                p.t.o.
 Mat.Appeal No.275/2023                     2/2

                                      ORDER

There shall be an interim stay of execution on condition that the appellants furnish security for the relief granted to the satisfaction of the Family Court. The property under attachment also can be offered as security, which shall be done within two months.

Sd/- A.MUHAMED MUSTAQUE JUDGE

Sd/- SOPHY THOMAS JUDGE

13-06-2023 /True Copy/ Assistant Registrar