Molly Varghese vs Manju Easo
2024 Latest Caselaw 27339 Ker

Kerala High Court

Molly Varghese vs Manju Easo on 11 September, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                                2024:KER:69641



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                               &
          THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
                    MA (EXE.) NO. 4 OF 2024
        AGAINST THE ORDER DATED 24.01.2024 IN EA NO.42 OF 2021
 OF FAMILY COURT, THIRUVALLA ARISING OUT OF THE ORDER IN EP
           NO.32 OF 2017 OF FAMILY COURT, THIRUVALLA

APPELLANTS:

    1      MOLLY VARGHESE, AGED 60 YEARS, D/O. LATE
           VARGHESE, KANDAMPARAMBIL MALAYIL HOUSE,
           MADATHUMBHAGOM MURI, THIRUVALLA. PIN 689543.
           PRESENT ADDRESS MOLLY VARGHESE, C/O. V.S.
           BABUKUTTY, 103, 7TH CROSS, ANAPALAYA,
           BANGLORE, PIN - 560030

    2      MARIAYAMM CHACKO, AGED 81 YEARS, D/O. LATE
           VARGHESE, KANDAMPARAMBIL MALAYIL HOUSE,
           MADATHUMBHAGOM MURI, THIRUVALLA.,
           PIN - 689543

    3      SOOSAMMA THOMAS, AGED 53 YEARS, D/O. LATE
           VARGHESE, KANDAMPARAMBIL MALAYIL HOUSE,
           MADATHUMBHAGOM MURI, THIRUVALLA. NOW RESIDING
           AT, NO. 30, 24 A CROSS, EGIPURA, VIVEK NAGAR
           P.O., BANGLORE-, PIN - 560047

           BY ADVS.
           P.HARIDAS
           BIJU HARIHARAN
           SHIJIMOL M.MATHEW
           P.C.SHIJIN
           SAI KRISHNAN UNNITHAN V.
           ROSHIN MARIAM JACOB
                                                      2024:KER:69641

MA(Exe) 4/24

                                  2


RESPONDENT:

            MANJU EASO, AGED 38 YEARS, S/O. EASO,
            PALAMPRAMBIL HOUSE, ANJILITHANAM P.O.,
            ANJILITHANAM MURI, KUNNAMTHANAM VILLAGE,
            THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.,
            PIN - 689582

            BY ADVS.
            K.N.RADHAKRISHNAN (THIRUVALLA)
            AMRUTHA KALYANI P.(K/000948/2022)


     THIS      MAT   APPEAL   (EXECUTION)   HAVING   COME   UP   FOR
ADMISSION ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                                 2024:KER:69641

MA(Exe) 4/24

                                       3


                                JUDGMENT

Devan Ramachandran, J.

Even though this matter was argued vehemently by

Sri.Haridas P. - learned counsel for the appellants, for a

considerable period of time, presumably being aware of the

impediments in law that his clients face in an application filed

under Order XXI Rule 97 of the Civil Procedure Code (CPC), he

sought permission to withdraw this Appeal; however, praying that

his clients' remedies and recourse in law with regard to the

Preliminary Decree of partition, earlier obtained by them in the

year 2018, be reserved.

2. Sri.K.N.Radhakrishnan - learned counsel for the

respondent, in response, submitted that the afore liberty is always

available to the appellants and that it is not required to be

reserved by this Court.

3. We notice from the pleadings and evidence on record, 2024:KER:69641

MA(Exe) 4/24

that the specific case of the appellants is that they had obtained a

Preliminary Decree qua ¼th right over the property in question in

the year 2018; and that an application for Final Decree has not

yet been filed. Obviously, if they have liberties in law to do so

and to thus pursue the matter, we cannot inhibit it,

notwithstanding these proceedings.

In the afore circumstances, this Appeal is permitted to be

withdrawn; however, reserving every liberty that may be available

to the appellants in law.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

M.B. SNEHALATHA JUDGE RR