Manzoor Ahammed vs Shirin Yakoob
2024 Latest Caselaw 16754 Ker

Kerala High Court

Manzoor Ahammed vs Shirin Yakoob on 12 June, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

Mat.Appeal No.523/2024                           1/2

                             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             PRESENT
                         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                                                &
                               THE HONOURABLE MR. JUSTICE P.M.MANOJ
            Wednesday, the 12th day of June 2024 / 22nd Jyaishta, 1946
                    IA.NO.1/2024 IN MAT.APPEAL NO. 523 OF 2024
                 OP 591/2018 OF FAMILY COURT, TIRUR, MALAPPURAM.
   APPLICANTS/APPELLANTS:

       1. MANZOOR AHAMMED, AGED 47 YEARS, S/O. AHAMMED MASTER,PUTHOOR PALLIKAL
          POST, PALLIKKAL, THENHIPPALAM, PIN- 673636, TIRURANGADI TALUK,
          MALAPPURAM DISTRICT.
       2. AHAMMED MASTER, AGED 72 YEARS, S/O.PALAYIL KIZHAKKETHODI HOUSE
          PUTHOOR PALLIKAL POST, PALLIKKAL, THENHIPPALAM, PIN -
          673636, TIRURANGADI TALUK, MALAPPURAM DISTRICT.
       3. THAHIRA BEEVI, 65 YEARS, W/O. AHAMMED MASTER, PALAYIL KIZHAKKETHODI
          HOUSE,PUTHOOR PALLIKAL POST, PALLIKKAL,THENHIPPPALAM, PIN -
          673636, TIRURANGADI TALUK, MALAPPURAM DISTRICT.

   RESPONDENTS/RESPONDENTS:

       1. SHIRIN YAKOOB, AGED 38 YEARS, D/O. YAKOOB, PALAYIL KIZHAKKETHODI
          HOUSE, PUTHOOR PALLIKKAL POST,
          PALLIKKAL, THENHIPALAM, PIN-673636, TIRURANGADI TALUK, MALAPPURAM
          DISTRICT.
       2. ASHAR, AGED 11 YEARS(MINOR), PALAYIL KIZHAKKETHODI HOUSE, PUTHOOR
          PALLIKKAL POST, PALLIKKAL, THENHIPALAM, PIN: 673636,TIRURANGADI
          TALUK, MALAPPURAM DISTRICT. REPRESENTED BY MOTHER AND 1ST RESPONDENT
          SHIRIN YAKOOB
       3. ARISH, AGED 5 YEARS (MINOR), PALAYIL KIZHAKKETHODI HOUSE, PUTHOOR
          PALLIKKAL POST, PALLIKKAL, THENHIPALAM, PIN: 673636, THIRURANGADI
          TALUK, MALAPPURAM DISTRICT, REPRESENTED BY MOTHER & 1ST RESPONDENT
          SHIRIN YAKOOB
       4. RIYAS AHAMMED, AGED 50 YEARS, S/O AHAMMED MASTER, PUTHOOR PALLIKAL
          POST, PALLIKKAL, THENHIPPPALAM, PIN - 673636, TIRURANGADI TALUK,
          MALAPPURAM DISTRICT.
       5. ARIFA, AGED 56 YEARS, W/O. ABU LATHEEF,KANNETH HOUSE, PUTHOOR
          PALLIKAL POST, PALLIKKAL, THENHIPPPALAM, PIN - 673636, TIRURANGADI
          TALUK, MALAPPURAM DISTRICT.


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   of the judgment dated 22.03.2024 in O.P.591/2018 before the Family Court,
   Tirur, pending disposal of the Matrimonial appeal, in the interest of
   justice.

                                                                       P.T.O.
 Mat.Appeal No.523/2024                       2/2




        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.JAMSHEED HAFIZ and T.S.SREEKUTTY Advocates for the applicants, the
   court passed the following:




                                        ORDER

Execution of the decree and judgment in OP No.591/2018 on the file of the Family Court, Tirur, will stand stayed on condition that the appellant furnishes security for the decree amount to the satisfaction of the Family Court. It would be open to the appellant to furnish security of the attached property, if any.

Post on 12/7/2024.

Sd/- RAJA VIJAYARAGHAVAN V JUDGE

Sd/- P.M.MANOJ JUDGE

12-06-2024 /True Copy/ Assistant Registrar