Kerala High Court
Abdulla vs Shamla on 24 October, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
Mat.Appeal No.524 of 2023 1
2024:KER:79280
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
MAT.APPEAL NO.524 OF 2023
AGAINST THE JUDGMENT AND DECREE DATED 31.01.2023 IN
O.P(OTHERS) NO.714 OF 2019 OF FAMILY COURT, MAVELIKKARA
APPELLANT/RESPONDENT:
ABDULLA, AGED 54 YEARS, S/O HAMSATHKOYA,
KOOTTUMMAL KIZHAKKATHIL HOUSE, VEEYAPURAM MURI,
VEEYAPURAM VILLAGE, KARTHIKAPALLY TALUK,
ALAPPUZHA DISTRICT, PIN - 690514
BY ADV R.UMASANKAR
RESPONDENT/PETITIONER:
SHAMLA, AGED 39 YEARS, D/O ABDUL LATHEEF,
PAKKALLIL HOUSE, VEEYAPURAM MURI, VEEYAPURAM
VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT,
PIN - 690514
BY ADVS.
ABDUL LATHIEF T.M
VAISHNAV DEV(K/1081/2023)
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mat.Appeal No.524 of 2023 2
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JUDGMENT
Devan Ramachandran, J.
Through this Appeal, the appellant calls into question the
validity of the order of the learned Family Court, Mavelikkara, in
O.P (Others) No.714 of 2019.
2. However, on 17.10.2024, when this matter was called,
Sri.Abdul Latheef - learned Counsel for the respondent,
submitted that if the appellant is willing to pay to his client an
amount of ₹15 Lakhs, without much delay, then she will agree
to all disputes between the parties being settled; and also either
for cancellation of sale of the property - which she had obtained
levying execution of the decree; or for its reconveyance, as the
case may be.
3. Today, Sri.R.Umasankar - learned Counsel appearing for
the appellant, acceded to the afore suggestion and said that his
client will pay ₹15 Lakhs to the respondent within a period of
two months. He prayed that his client will be allowed to either
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move the learned Family Court for setting aside the sale, if it
has been done - which the respondent must be ordered to
accede to; or, in the alternative, if the sale has been confirmed,
then for reconveyance of the property, for which his client will
defray all expenses.
4. Since Sri.Abdul Latheef acceded to the afore
suggestions on behalf of his client, we do not deem it necessary
to hear this Appeal on its merits, and we dispose it of as under:
(a) The impugned judgment of the learned Family Court,
Mavelikkara will stand set aside.
(b) The afore is, however, on condition that the appellant
will pay an amount of ₹15 Lakhs by way of Demand Draft, to be
drawn on a Nationalised/Scheduled Bank, to the learned
Counsel appearing for the respondent in the learned Trial Court,
on or before 02.01.2025.
(c) On the above being done, if the sale of the property
has not been confirmed, then we allow the appellant to move an
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appropriate application to have it set aside, which shall be
acceded to by the respondent without demur. We record, that
this is been expressly acceded to by Sri.Abdul Latheef on behalf
of his client.
(d) On the contrary, if the sale has been confirmed in the
Execution Petition in favour of the respondent, they will
reconvey the same in favour of the appellant, for which, he will
make available the deed for her signature, as also defray all
expenses. This shall be done by the respondent within a period
of one month from the date on which the deed is given to them,
by the appellant for such purpose.
(e) Needless to say, if the appellant is to default in
payment as afore, the benefit of this judgment will be lost to
him and the impugned judgment of the learned Family Court will
stand restored; and the sale of the property will be confirmed in
favour of the respondent.
(f) It also goes without saying that if the respondent does
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not do what she has been ordered to be done by this Court, the
appellant is granted liberty to approach us with an appropriate
application for necessary orders.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
sp/24/10/2024
