Rubeena vs Shihab
2025 Latest Caselaw 11625 Ker

Citation : 2025 Latest Caselaw 11625 Ker
Judgement Date : 1 December, 2025

[Cites 1, Cited by 0]

Kerala High Court

Rubeena vs Shihab on 1 December, 2025

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                              2025:KER:92742

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                               &
         THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
                   OP (FC) NO. 701 OF 2025
  AGAINST THE ORDER IN E.P.5/2022 IN OP NO.256 OF 2009 OF
                 FAMILY COURT, KOTTARAKKARA

PETITIONER/PETITIONER:

          RUBEENA, AGED 44 YEARS, D/O. RASHEEDA,
          THAVALATHIL VIHAR VEEDU, PALAMEL VILLAGE,
          MAVELIKKARA TALUK, ALAPPUZHA DISTRICT,
          PIN - 690504

          BY ADVS.
          SRI.K.SASIKUMAR
          SRI.S.ARAVIND
          SRI.P.S.RAGHUKUMAR


RESPONDENTS/RESPONDENTS:

    1     SHIHAB, AGED 55 YEARS, S/O. MAJEED, ATHEENA
          MANZIL, NADUKUNNU P.O., NADUKUNNU MURI,
          PATHANAPURAM VILLAGE, PIN - 689695

    2     MAJEED, AGED 76 YEARS, ATHEENA MANZIL,
          NADUKUNNU P.O., NADUKUNNU MURI,
          PATHANAPURAM VILLAGE, PIN - 689695

    3     FATHIMA MAJEED, AGED 66 YEARS, ATHEENA MANZIL,
          NADUKUNNU P.O., NADUKUNNU MURI, PATHANAPURAM
          VILLAGE, PIN - 689695

    4     MOHAMMED KASIM, AGED 52 YEARS, S/O. SAYED
          SULAIMAN, THENGUVILA THEKKETHIL, PATHIRICKAL
          MURI, PATHANAPURAM, KOLLAM DISTRICT,
          PIN - 689695
                                                       2025:KER:92742
OP(FC) 701/25
                                   2



      THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
01.12.2025,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                            2025:KER:92742
OP(FC) 701/25
                                     3

                             JUDGMENT

Devan Ramachandran, J.

The limited plea of the petitioner in this Original Petition is

that the learned Family Court, Kottarakkara, be directed to

dispose of Ext.P3, namely E.P.No.5/2022 in O.P.No.256/2009,

within a time frame to be fixed by this Court.

2. On hearing the learned counsel for the petitioner on

the afore lines on 27.11.2025, we had called for a Report from

the learned Family Court, which is now available and the

relevant portion of which is extracted as below:

6. I may also submit that the EP is posted to 29.12.2025 for enabling the Decree Holder to take steps for rateable distribution of the property by setting aside the sale in EP No.9/2017 and for transfer of the decree before this Court. Due to the delay for the decree holder in taking proper steps, the EP is pending for disposal. Except for the steps taken for the proclamation of the sale, the decree holder did not take any steps for personal execution against the first judgment debtor.

7. I may submit that the EP can be disposed of within five months from today, provided the decree holder shall take proper steps either for the rateable distribution of the property sought for sale u/s 73 of CPC by setting aside the sale in EP No.9/17 on the file of the Sub Court, Punalur and got transferred the 2025:KER:92742 OP(FC) 701/25

decree in EP No.9/2017 before the Court.

3. It is thus clear that no fault can be placed on the

learned Family Court; and we find the time frame suggested by it

to be apposite.

In the afore circumstances, we allow this Original Petition

and direct the learned Family Court, Kottarakkara, to dispose of

the afore Execution Petition, as expeditiously as is possible, but

not later than eight months from the date of receipt of a copy of

this judgment. For this, we direct the petitioner to take steps as

mentioned in the report without any avoidable delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

M.B. SNEHALATHA JUDGE RR 2025:KER:92742 OP(FC) 701/25

APPENDIX OF OP (FC) NO. 701 OF 2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER DATED 17-04- 2021 PASSED BY THE FAMILY COURT, KOTTARAKARA IN OP NO. 256/2009 Exhibit P2 A TRUE COPY OF THE ATTACHMENT KYCHIT DATED 03-04-2009 ALONG WITH THE REPORT FILED BY AMIN OF THE FAMILY COURT, KOTTARAKKARA IN I.A.965/2009 IN OP NO.

                      256/2009     OF     THE    FAMILY     COURT,
                      KOTTARAKKARA
Exhibit P3            A TRUE COPY OF THE EXECUTION PETITION

DATED 31-01-2022 IN EP NO. 5/2022 IN OP NO. 256/2009 OF THE FAMILY COURT, KOTTARAKARA Exhibit P4 A TRUE COPY OF THE VALUATION CERTIFICATE ISSUED FROM A GOVERNMENT APPROVED BUILDING DESIGNER Exhibit P5 A TRUE COPY OF THE VALUATION CERTIFICATE DATED 27-03-2023 ISSUED BY THE ASSISTANT ENGINEER, PWD BUILDINGS SECTION, PUNALUR Exhibit P6 A TRUE COPY OF THE DECREE DATED 31-08-

                      2016    PASSED     BY   THE    SUB    COURT,

Exhibit P7            A TRUE COPY OF THE ORDER DATED 24-03-


Exhibit P8            A TRUE COPY OF THE ORDER DATED 24-03-
                      2023   IN   E.A.    NO.   110/2022   IN   EP
                      NO.9/2017 IN O.S. NO. 167/2012
Exhibit P9            A TRUE COPY OF THE ORDER DATED 25-05-

2023 IN EA NO. 60/2023 IN E.P. NO.

Exhibit P10 A TRUE COPY OF THE E.A. NO. 139/2023 IN E.A. NO. 70/2023 IN E.P. NO. 5/2022 BEFORE THE FAMILY COURT, KOTTARAKKARA Exhibit P11 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO THE EXT. P10 REVIEW PETITION Exhibit P12 A TRUE COPY OF THE RECORD OF PROCEEDINGS 2025:KER:92742 OP(FC) 701/25

IN THE FAMILY COURT, KOTTARAKKARA IN E.P. NO. 5/2022 IN O.P. NO. 256/2009 OF THAT COURT SINCE 29-03-2023