Hyderali vs Farshana
2024 Latest Caselaw 11036 Ker

Kerala High Court

Hyderali vs Farshana on 12 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 12th day of April 2024 / 23rd Chaithra, 1946
                        OP (FC) NO. 260 OF 2024(R)
ORDER DATED 05-02-2024 IN EA 3/2023 IN EP 77/2022 IN OP 501/2018 OF FAMILY
                             COURT, MALAPPURAM
   JUDGMENT DATED 16-10-2020 IN OP 501/2018 OF FAMILY COURT, MALAPPURAM

PETITIONER/PETITIONER/JUDGMENT DEBTOR/RESPONDENT 2:


     HYDERALI, AGED 71 YEARS, APSOTAG HOUSE,
     MAMPAD POST, MEPPADAM, NILAMBUR, MALAPPURAM,
     PIN - 676 542.

RESPONDENT/RESPONDENT/DECREE HOLDER/PETITIONER 1:

     FARSHANA, AGED 26 YEARS, D/O SHOUKATHALI,
     PUTHANPEEDIKA HOUSE, CHENGARA, KARAPARAMBU,
     IRUVETTY POST, ERNAD, MALAPPURAM, PIN - 673 639.


     OP (Family Court) praying inter alia that in the circumstances
stated in the affidavit filed along with the OP (FC) the High Court be
pleased to stay all further proceedings in E.P. No. 77/2022 before the
Hon'ble Family Court, Malappuram, pending disposal of this original
petition.


     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP (FC) and upon hearing the arguments
of M/S. THAREEQ ANVER K., K.SALMA JENNATH, K.C.KHAMARUNNISA,
K.SHAMSUDHEEN, ARUN CHAND, RASSAL JANARDHANAN A., GOVIND G. NAIR & MOYIN
K.P, Advocates for the petitioner, the court passed the following:


                                                           P.T.O.
                    RAJA VIJAYARAGHAVAN V & P.M.MANOJ, JJ.
                    -----------------------------------------------
                              OP(FC) No.260 of 2024
                      -------------------------------------------
                      Dated this the 12th day of April 2024

                                         ORDER

Raja Vijayaraghavan, J.

The learned counsel appearing for the petitioner submits that the

entire decree amount is about Rs.15 lakhs for which execution

proceedings have been initiated and the property of the petitioner has

been proceeded against. The learned counsel submits that the petitioner

is prepared to deposit the entire amount if four months' time is granted.

He submits that for the time being he shall remit a sum of Rs.3 lakhs

within a week.

2. On condition that the petitioner remits a sum of Rs.3 lakhs

within a week and the balance amount within four months, there will be

an interim order of stay of execution for a period of two months.

Post on 12.06.2024.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sd/-

P.M.MANOJ JUDGE IAP

12-04-2024 /True Copy/ Deputy Registrar