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Kerala High Court
Anwar Sadath vs Nadia V H on 16 December, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 16TH DAY OF DECEMBER 2025 / 25TH AGRAHAYANA, 1947
OP (FC) NO. 750 OF 2025
EP 72/2023 IN OP NO.470 OF 2020 OF FAMILY COURT,ERNAKULAM
PETITIONER/JUDGMENT DEBTOR/RESPONDENT IN OP:
ANWAR SADATH, AGED 48 YEARS
S/O LATE KUNJUMUHAMAD, VADAPAILLY HOUSE, AMBATTUKAVU,
ALUVA, ERNAKULAM . REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER SHRI SOHAIL SHAMSUDEEN, AGED 42 YEARS, S/O V P
SHAMSUDEEN, RESIDING AT VADAPALLY HOUSE, AMBATTUKAVU,
ALUVA, ERNAKULAM - 683106.
SMT.PREEJA V.P.
SRI.V.P.PRASANTH
RESPONDENTS/DECREE HOLDER/PETITIONERS IN OP:
1 NADIA V H, AGED 39 YEARS, D/O HAMSAKOYA,
VALIYAPEEDIKAYIL HOUSE, H NO: CC 13/ 433 B,
CHULLIKKAL, KOCHI, PIN - 682005
2 FATHIMA SHEBA, AGED 15 YEARS, D/O ANWAR SADATH,
PRESENTLY RESIDING AT VALIYAPEEDIKAYIL HOUSE, H NO: CC
13/433 B, CHULLIKKAL , KOCHI , ERNAKULAM DISTRICT.
(MINOR, REPRESENTED BY MOTHER NADIA V H, AGED 39 YEARS,
D/O HAMSAKOYA, VALIYAPEEDIKAYIL HOUSE, H NO: CC 13/ 433
B, CHULLIKKAL, KOCHI 682 005.)
3 MOHAMMED AYAAN, AGED 8 YEARS, D/O ANWAR SADATH,
PRESENTLY RESIDING AT VALIYAPEEDIKAYIL HOUSE, H NO: CC
13/433 B, CHULLIKKAL , KOCHI , ERNAKULAM DISTRICT.
(MINOR, REPRESENTED BY MOTHER NADIA V H, AGED 39 YEARS,
D/O HAMSAKOYA, VALIYAPEEDIKAYIL HOUSE, H NO: CC 13/ 433
B, CHULLIKKAL, KOCHI 682 005.)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
16.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:96861
OP (FC) NO. 750 OF 2025
2
JUDGMENT
Devan Ramachandran, J.
The petitioner had earlier suffered Ext.P7 order from
the learned Family Court, Ernakulam; and says that he,
thereupon, filed Ext.P10 application. He seeks that the same
be directed to be disposed of by the learned Family Court; with
a further plea that until such time as orders are issued on it,
execution proceedings against him be directed to be not
pursued.
2. We are afraid that we cannot find favour with the
afore submissions because, Ext.P10 series applications were
admittedly filed just a few days ago, and because the petitioner
was alerted by this Court's observations when he had
challenged Ext.P7 order earlier.
3. Indubitably, we cannot fix time frames for Ext.P10 to
be considered, though it will be open to the petitioner to seek
any other remedy that may be available to him in law, as
regards the execution proceedings.
2025:KER:96861
OP (FC) NO. 750 OF 2025
In the afore circumstances, this Original Petition is
dismissed with the afore observations.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Sd/- M.B. SNEHALATHA
JUDGE
stu
2025:KER:96861
OP (FC) NO. 750 OF 2025
APPENDIX OF OP (FC) NO. 750 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORIGINAL PETITION OP
NO: 470 OF 2020 FILED BY THE RESPONDENTS
HEREIN BEFORE THE FAMILY COURT ERNAKULAM
DATED 20.02.2020
Exhibit P2 A TRUE COPY OF THE EP NO: 72 OF 2023 DATED
21.10.2023 BEFORE THE FAMILY COURT
ERNAKULAM
Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
08.08.2023 ISSUED BY THE DEPARTMENT OF
CARDIOLOGY, LISILE HOSPITAL
Exhibit P4 A TRUE COPY OF THE OBJECTION IN EP NO: 72
OF 2023 IN OP NO: 470 OF 2020 FILED BEFORE
THE FAMILY COURT ERNAKULAM DATED
05.02.2024
Exhibit P5 TRUE COPY OF THE STATEMENT OF THE ACCOUNT
OF THE PETITIONER'S ACCOUNT NO:
20310100096618 FOR THE PERIOD 01.01.2023
TO 31.12.2023 ISSUED BY THE FEDERAL BANK
Exhibit P5 (a) TRUE COPY OF THE STATEMENT OF THE ACCOUNT
OF THE PETITIONER'S ACCOUNT NO:
20310100096618 FOR THE PERIOD 01.01.2024
TO 31.09.2024 ISSUED BY THE FEDERAL BANK
Exhibit P5 (b) TRUE COPY OF THE STATEMENT OF THE ACCOUNT
OF THE PETITIONER'S ACCOUNT NO:
20310100096618 FOR THE PERIOD 01.10.2024
TO 31.03.2025 ISSUED BY THE FEDERAL BANK
Exhibit P6 THE TRUE COPIES OF THE SCREEN SHORT OF THE
PAYMENTS DONE BY THE PETITIONER IN THE
VARIOUS DATES TO THE 1 ST RESPONDENT
Exhibit P7 A TRUE COPY OF THE ORDER IN IA NO: 2 OF
2024 IN RP NO: 61 OF 2023 DATED 17.05.2025
Exhibit P8 A TRUE COPY OF THE AUCTION SALE NOTICE
ISSUED BY THE LEARNED FAMILY COURT
ERNAKULAM ISSUED ON 19.11.2025 IN EP NO:
2025:KER:96861
OP (FC) NO. 750 OF 2025
WITH THE SALE PROCLAMATION SCHEDULE
Exhibit P9 A TRUE COPY OF THE JUDGMENT IN OP (FC) NO:
735 OF 2025 DATED 10.12.2025
Exhibit P10 A TRUE COPY OF THE RESTORATION PETITION ,
RP NO: 82 OF 2025 DATED 11.12.2025 IN
REVIEW PETITION, IA NO: 61 OF 2023 IN OP
NO.470/2020 OF FAMILY COURT , ERNAKULAM
Exhibit P10 (a) A TRUE COPY OF THE RESTORATION PETITION ,
RP NO: 83 OF 2025 DATED 11.12.2025 FILED
TO RESTORE IA NO: 1 OF 2023 IN IA NO
61/2023 IN OP NO 470/2020 OF FAMILY
COURT , ERNAKULAM
Exhibit P10 (b) A TRUE COPY OF THE DELAY PETITION , IA NO:
3 OF 2025 DATED 11.12.2025 IN IA NO: 61 /
2023 IN OP NO 470/2020 OF FAMILY COURT ,
ERNAKULAM
Exhibit P10 (C) A TRUE COPY OF THE DELAY PETITION , IA NO:
IN IA NO: 61 / 2023 IN OP NO 470/2020 OF
FAMILY COURT , ERNAKULAM
