Kerala High Court
A. Nilarudeen vs S Razia on 5 April, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
OP (FC) NO. 235 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1045 OF 2019 OF FAMILY
COURT, ALAPPUZHA
PETITIONER/S:
A. NILARUDEEN, AGED 57 YEARS
S/O ABDUL RASHEED 'ROAD VILLA' HOUSE NAZEER MANZIL,
MADANTHAPACHA PUTHUSSERYMUKKU P.O KALLAMBALAM
THIRUVANANTHAPURAM, PIN - 695605
BY ADVS.
S.SHANAVAS KHAN
S.INDU
KALA G.NAMBIAR
RESPONDENT/S:
1 S RAZIA, AGED 48 YEARS
D/O SUHARA BEEVI ERASSERY HOUSE THONDANKULANGARA
AVALOOKUNNU ARYAD SOUTH VILLAGE AMBALAPPUZHA TALUK
ALAPPUZHA DISTRICT, PIN - 688007
2 NADEERA BEEVI, AGED 64 YEARS
D/O ABDUL RASHEED 'JASMINE VILLA' KULAMADA KIZHAKKANELA
CHERIYIL PARIPPALLY VILLAGE KOLLAM DISTRICT, PIN -
691574
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 05.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
O.P.(F.C) No.235 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner states that challenging the order passed in the judgment
and decree passed by the Family Court, Alappuzha in O.P.No.1045 of 2019, he
had approached this Court and had preferred Mat.Appeal No.380 of 2021.
This Court, by Ext.P5 interim order, had granted stay of all further
proceedings on the petitioner furnishing security to the satisfaction of the
Family Court, for the decree amount. The petitioner contends that at an
earlier stage, the immovable property has been attached by the Family Court
as is borne out from Ext.P3 and the said order continues.
2. According to the petitioner, he has now approached the Family
Court and had offered to furnish cash security by producing Exts.P7 and P8
Fixed Deposit receipts. The petitioner states that he has preferred Ext.P11
application seeking to lift the attachment by accepting the Fixed Deposit
receipts. He says that no order has been passed presumably in view of
Ext.P5 order passed by this Court.
3. Shri. Shanavas Khan, the learned counsel appearing for the
petitioner, submitted that the decree amount is Rs.31 lakhs together with
interest and the cash security which is furnished by way of Fixed Deposit
would cover the amount. The learned counsel submits that the petitioner is
prepared to furnish additional cash security to the satisfaction of the Family
Cout if the same is deemed necessary.
4. We have considered the submissions advanced and have gone
through the records.
5. Having regard to the facts and circumstances and the submissions
made across the bar, this Original Petition is disposed of directing the Family
Court, Alappuzha to consider Ext.P11 application submitted by the petitioner
seeking to furnish cash security in lieu of the attachment of immovable
property effected earlier. If the cash security is found to be deficient, it would
be open to the Family Court to issue directions to furnish additional cash
security/property security.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ
JUDGE
das
APPENDIX OF OP (FC) 235/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION IN O.P
1045/2019 ON THE FILE OF THE HON'BLE F
COURT, ALAPPUZHA
Exhibit P2 TRUE COPY OF THE I. A NO. 1961 OF 2019
10/12/2019 FILED BY RESPONDENT BEFORE
HON'BLE FAMILY COURT, ALAPPUZHA
Exhibit P3 TRUE COPY OF THE ORDER DATED 10/12/201
I.A. 1961/2019 IN O.P. 1045/2019 OF
HON'BLE FAMILY COURT, ALAPPUZHA
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 16/02/20
OP (OTHERS) 1045/2019 OF THE HON'BLE F
COURT, ALAPPUZHA
Exhibit P5 TRUE COPY OF THE ORDER DATED 15/07/202
I.A. NO. 1 OF 2021 IN MATRIOMONIAL APPEA
380/2021 OF THIS HON'BLE COURT
Exhibit P6 TRUE COPY OF THE ORDER DATED 20/10/202
R.P. NO. 466/2022 OF THIS HON'BLE COURT
Exhibit P7 TRUE COPY OF THE RECEIPT DATED 03/11/202
AN AMOUNT OF RS. 20 LAKHS ISSUED BY BA
BARODA
Exhibit P8 TRUE COPY OF THE RECEIPT DATED 07/11/202
AN AMOUNT OF RS. 15 LAKHS ISSUED BY BA
BARODA
Exhibit P9 TRUE COPY OF THE ORDER DATED 24/01/202
MATRIMONIAL APPEAL NO. 380/2021 OF
HON'BLE COURT
Exhibit P10 TRUE COPY OF I.A. NO.1OF 2022
12/01/2022 IN I. A NO. 1961/2019 IN O.
1045/2019 FILED BY 2ND RESPONDENT BEFOR
HON'BLE FAMILY COURT, ALAPPUZHA
Exhibit P11 TRUE COPY OF I.A. NO. 2 OF 2022
19/11/2022 IN O.P. NO. 1045/2019 FILE
PETITIONER BEFORE THE HON'BLE FAMILY C
ALAPPUZHA
