K. Subramaniyan vs Latha
2024 Latest Caselaw 8835 Ker

Kerala High Court

K. Subramaniyan vs Latha on 27 March, 2024

Author: Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

OP (FC) No.199/2024                         1/3

                          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 27th day of March 2024 / 7th Chaithra, 1946
                            OP (FC) NO. 199 OF 2024(R)
   ORDER DATED 23.01.2024 IN EP 26/2021 IN OS 197/2006 OF FAMILY COURT, KOLLAM
   PETITIONER/RESPONDENT/JUDGMENT DEBTOR:

           K. SUBRAMANIYAN, AGED 64 YEARS, S/O K.S KRISHNA AIYER, FROM ASWAN
           BHAVAN, HOUSE NO:4, VIDHYA NAGAR, ANCHALAMMOODU, KOLLAM WEST
           VILLAGE, KOLLAM TALUK, NOW RESIDING AT PERUMAL SANNATHI STREET 77,
           NARANAMMALPURAM P.O, THIRUNELVELI DISTRICT, TAMIL NADU, PIN - 627
           357.

   RESPONDENT/PETITIONER/DECREE HOLDER:

           LATHA, AGED 51 YEARS, D/O RAMAKRISHNA AIYER, ASWAN BHAVAN, HOUSE
           NO:4, VIDHYA NAGAR, ANCHALAMMOODU, KOLLAM WEST VILLAGE, KOLLAM
           TALUK, PIN - 691 601.


        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 pass an interim order staying Exhibit P4 order of the Family
   Court, Kollam to the extent it directed the petitioner to bear all the
   expenses in connection with the execution of the settlement deed till the
   final disposal of the O.P.(FC).


        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. S.SANTHOSH KUMAR & BABY SUJATHA, Advocates for the petitioner, the
   court passed the following:

                                                                   P.T.O.
 OP (FC) No.199/2024                             2/3




                           RAJA VIJAYARAGHAVAN V & P.M.MANOJ, JJ.
                                 -------------------------------------
                                   O.P.(F.C.) No.199 of 2024
                                -------------------------------------------
                             Dated this the 27th day of March 2024

                                                   ORDER

Raja Vijayaraghavan, J.

Issue notice by speed post to the respondent.

The learned counsel appearing for the petitioner submits that the

petitioner is a pensioner. His wife is staying with his daughters, who are

gainfully employed. According to the learned counsel, the petitioner has

no objection in executing the settlement deed, but the insistence that he

shall bear the stamp duty and other expenses cannot be justified.

There will be an interim order as prayed for a period of three

weeks.

Post on 09.04.2024. sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

sd/-

P.M.MANOJ JUDGE DCS

27-03-2024 /True Copy/ Deputy Registrar

APPENDIX OF OP (FC) 199/2024 Exhibit P4 TRUE COPY OF THE ORDER DATED 23/01/2024, OF THE FAMILY COURT KOLLAM IN EP NO: 26/2021 IN O.S NO: 197/2006.

27-03-2024 /True Copy/ Deputy Registrar