Kerala High Court
Ashiya Ummal vs S.N. Sathy on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Friday, the 31st day of March 2023 / 10th Chaithra, 1945
IA.NO.1/2023 IN RSA NO. 247 OF 2023
OS 108/1999 OF MUNSIFF COURT, PUNALUR.
AS 10/2020 OF SUB COURT, PUNALUR.
PETITIONER/APPELLANT:
ASHIYA UMMAL, AGED 70 YEARS, D/O ABDUL RAZAK RAWTHER, MANGALATHU
BUNGLOW, NADUKKUNNU, PATHANAPURAM VILLAGE, PATHANAPURAM, KOLLAM
DISTRICT, PIN - 689695.
RESPONDENTS/RESPONDENTS:
1. S.N.SATHY, AGED ABOUT 68 YEARS, D/O NARAYANAN VAIDYAN, NARAYANA
VILASOM, PATHIRICKKAL MURI, PATHANAPURAM VILLAGE, PATHANAPURAM
TALUK, KOLLAM DISTRICT, PIN - 689695
2. ABDUL NAVAZ, AGED ABOUT 77 YEARS, S/O LATE ABDUL RAHMAN RAWTHER,
MANGALATHU BUNGLOW, NADUKKUNNU , PATHANAPURAM VILLAGE, PATHANAPURAM
TALUK, KOLLAM DISTRICT , PIN - 689695
3. ABDUL NAJEEB, S/O LATE ABDUL RAHMAN RAWTHER, KANJIRAMVILA VEEDU,
MANJALLOOR, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 689695
4. ABDUL RAFEEK, S/O LATE ABDUL RAHMAN RAWTHER, KANJIRAMVILA VEEDU,
MANJALLOOR, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 689695
5. ABDUL NEJUMAN, S/O LATE ABDUL RAHMAN RAWTHER, KANJIRAMVILA VEEDU,
MANJALLOOR, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 689695
6. SHAMLA BEEGUM, D/O LATE ABDUL RAHMAN RAWTHER, KANJIRAMVILA VEEDU,
MANJALLOOR MURI, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 689695
7. SHAMEEM BEEGUM, D/O LATE ABDUL RAHMAN RAWTHER, KANJIRAMVILA VEEDU,
MANJALLOOR, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 689695
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order
staying the execution proceedings in OS.No.108/1999, on the files of the
Munsiff's Court, Punalur, and the operation of judgment and decree dated
31.01.2023, in AS.No.10/2020, on the files of the Subordinate Judge's
Court, Punalur, till the disposal of the above RSA, 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 M/S.K.S.HARIHARAPUTHRAN, PINKU MARIAM JOSE, ANIL KUMAR T.P., Advocates
for the petitioner, the court passed the following:
M.R.ANITHA , J.
---------------------------------------------------
R.S.A.No. 247 of 2023
----------------------------------------------------
Dated this the 31st day of March, 2023
ORDER
Appeal admitted. Issue notice to respondents.
Substantial questions of law is formulated as follows;
1. When the appellant has not affixed her signature to the
compromise petition and she has not authorised the 5 th respondent
to act on her behalf and sign the compromise, have not the courts
below went wrong in accepting the compromise and passing the
decree in terms of the same ?
2. When the rights and interest of the appellant over the property,
over which she has title is taken away to her detriment through a
compromise, behind her back, can it not be considered as a case of
fraud, vitiating the decree passed in terms of compromise ?
3. When there is keen contest between the appellant and the 1 st
respondent in respect of the property through different litigations,
can it be considered that the appellant would be amenable for a
compromise, which nullified her rights over the property, that too
R.S.A.No. 247 of 2023
by without even affixing her signature to the compromise petition ?
I.A.No.1/2023
Petition to pass an order staying the execution proceedings in
O.S.No.108/1999, on the files of the Munsiff's Court, Punalur and the
operation of judgment and decree dated 31.01.2023, in
A.S.No.10/2020, on the files of the Subordinate Judge's Court,
Punalur.
Heard. There will be an interim stay as sought for, for a period
of three months.
Sd/-
rps/ M.R.ANITHA, JUDGE
31-03-2023 /True Copy/ Assistant Registrar
