Safeer vs Najiya
2024 Latest Caselaw 9803 Ker

Kerala High Court

Safeer vs Najiya on 4 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
          Thursday, the 4th day of April 2024 / 15th Chaithra, 1946
                 IA.NO.1/2022 IN MAT.APPEAL NO. 831 OF 2022
                  OP 567/2020 OF FAMILY COURT, MALAPPURAM.
PETITIONER/APPELLANT:

  1. SAFEER, 40 YEARS, S/O UMMAR (LATE), PAZHUTHUNNI HOUSE,
     KALIKAVUAMSOM, ANCHACHAVIDI P.O., NILAMBUR TALUK, MALAPPURAM
     DISTRICT
  2. MAIMOONA, 57 YEARS, W/O UMMAR (LATE), PAZHUTHUNNI
     HOUSE,KALIKAVUAMSOM, ANCHACHAVIDI P.O., NILAMBUR TALUK, MALAPPURAM
     DISTRICT.

RESPONDENTS/RESPONDENTS:

  1. NAJIYA, 31 YEARS, D/O MUHAMMADALI, KOOTHRADAN HOUSE,MARUTHANKADU
     MAMBATTMOOLA P.O., NILAMBUR TALUK, CHAKKADAMSOM, MALAPPURAM
     DISTRICT.
  2. MUHAMMED AFLAH, AGED 14 YEARS,(MINOR) (MINOR REPRESENTED BY
     MOTHER)KOOTHRADAN HOUSE, MARUTHANKADU MAMBATTMOOLA P.O, NILAMBUR
     TALUK, CHAKKADAMSOM, MALAPPURAM DISTRCT.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
of the judgment in O.P.No.567/2020 dated 20.08.2022 in the files of the
Honourable Family Court, Malappuram and its execution proceedings, pending
the disposl of this Matrimonial Appeal.


     This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of MR.NABIL KHADER Advocate for the applicants, and of M/S.A.MUHAMMED
MUSTHAFA, A.J.ABHILASH and R.K.ASHA Advocates for the respondent 1, the
court passed the following:




                                                            P.T.O.
                          RAJA VIJAYARAGHAVAN V & P.M.MANOJ, JJ.
                               -------------------------------------
                            Mat Appeal Nos.763 & 831 of 2022
                              -------------------------------------------
                            Dated this the 4th day of April 2024

                                                ORDER

Raja Vijayaraghavan, J.

Heard the learned counsel appearing for the appellants.

Having considered the submissions advanced, there will be an

interim stay of further proceedings in execution of the judgment in O.P.

No.567/2020 dated 20.08.2022 on the files of the Family Court,

Malappuram on condition that the appellants shall furnish sufficient

security for the decree amount to the satisfaction of the court below within

a period of two weeks. It would be open to the appellants to offer the

property under attachment, if any, as security.

Post on 04.06.2024.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

Sd/-

P.M.MANOJ JUDGE IAP

04-04-2024 /True Copy/ Assistant Registrar