Citation : 2023 Latest Caselaw 3056 Ker
Judgement Date : 13 March, 2023
Mat.Appeal No.869/2022 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
IA.NO.1/2022 IN MAT.APPEAL NO. 869 OF 2022
OP 198/2021 OF FAMILY COURT, MALAPPURAM.
PETITIONERS/APPELLANTS:
1. MUHAMMED HARIS P.M., AGED 33 YEARS, S/O. ISMAYIL, PEECHAMANNIL
HOUSE, PANDIKKAD P.O, ERNAD TALUK, MALAPPURAM DISTRICT, PIN -
676521.
2. ISMAYIL, AGED 56 YEARS, S/O. KUNJALAVI, PEECHAMANNIL HOUSE,
PANDIKKAD P.O, ERNAD TALUK, MALAPPURAM DISTRICT, PIN - 676521.
3. SULAIKHA, AGED 51 YEARS, W/O. ISMAYIL, PEECHAMANNIL HOUSE, PANDIKKAD
P.O, ERNAD TALUK, MALAPPURAM DISTRICT, PIN - 676521
RESPONDENTS/RESPONDENTS:
1. P.K. KADEEJA, AGED 26 YEARS, D/O. ABDU, PULIYAKUNNAN HOUSE,
UCHARAKKADAVE, CHEMMANIYOD P.O, PERINTHALMANNA TALUK, MALAPPURAMB
DISTRICT, PIN - 679325
2. ISHA FATHIMA,(MINOR) AGED 6 YEARS, D/O. MUHAMMED HARIS P.M,
REPRESENTED BY MOTHER P.K. KADEEJA, AGED 26 YEARS, D/O. ABDU,
PULIYAKUNNAN HOUSE, UCHARAKKADAVE, CHEMMANIYOD P.O, PERINTHALMANNA
TALUK, MALAPPURAMB DISTRICT, PIN - 679325.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
and execution of the common judgment dated 22.06.2022 in O.P.No.198/2021
of the Family Court, Malappuram
This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of MR.K.ABOOBACKER SIDHEEQUE Advocate for the applicants, and of SMT.HENA
BAHULEYAN Advocate for the respondents, the court passed the following:
ORDER
There will be an interim stay as prayed for, on the appellants furnishing sufficient security for the entire decree debt, to the satisfaction of the Family Court, Malappuram. It would be open to the appellants to offer as security the property already under attachment.
Sd/- ANIL K.NARENDRAN JUDGE
Sd/- P.G. AJITHKUMAR JUDGE
13-03-2023 /True Copy/ Assistant Registrar
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