Partly allowed

Philip Eappen v. Aleyamma Reni Eappan

Kerala HC21 Feb 2008Mat.Appeal/194/2007

Case brief

AI extract

What is this about?

The High Court of Kerala vacated an interim stay order dated 17-9-2007 because the appellants failed to furnish security, allowing a sale to proceed on 6-8-2007. The Court directed the Family Court to dispose of the related Rule 90 petition within a month.

What did the court decide?

Stay order dated 17-9-2007 vacated; Family Court directed to dispose of A2 petition within a month.

Philip Eappen Vs Aleyamma Reni Eappan — Execution and Attachment | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID

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THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929

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Mat.Appeal.No. 194 of 2007()

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---------------------------OP.157/2003 of FAMILY COURT, THIRUVALLA

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APPELLANTS/RESPONDENTS 1 & 3.

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PHILIP EAPPEN, AGED 66 YEARS, S/O. NINAN EAPPEN, VALIYAPARAMBIL VEETTIL, KOTTUR MKURIYIL KAVIYOOR VILLAGE, THIRUVALLA TALUK PATHANAMTHITTA DISTRICT.

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SOSAMMA PHILIP, AGED 55 YEARS, W/O. PHILIP EAPPEN, -DO- -DO-.

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BY ADV. SRI.R.SANTHOSH BABU

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RESPONDENTS: PETITIONER & 2ND RESPONDENT.

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ALEYAMMA RENI EAPPEN, AGED 23 YEARS, D/O. BABU SCARIA, SAJITH BHAVANIL, EDANADU MURIYIL EDANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DIST.

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RENI EAPEN PHILIP, S/O. PHILIP EAPEN, VALIYAPARAMBIL VEETTIL, KOTTUR MURIYIL, KAVIYOOR VILLAGE, THIRUVALLA TALUK NOW RESIDING AT M/S. Y.A. ALGHANIM & SONS, P.O.BOX 223, SAFAT, 13003, KUWAIT.

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ADDL.R3.SANDEEP SEBASTIAN, KARIMKUTTIYIL, ANGADI P.O., RANNY.

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ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 9.1.2008 IN I.A. NO.2518 OF 2007.

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BY ADVS. SRI.P.JAYAKUMAR SRI.S.SUBHASH CHAND SRI.JACOB P.ALEX ADDL.R3

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 28.1.2008 ALONG WITH MAT. APPEAL NOS. 555 OF 2007, 669 OF 2007 AND 60 OF 2008, THE COURT ON THE 21.2.2008 DELIVERED THE FOLLOWING:

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ORDER IN I.A. NOS.920 OF 2007, 1942 OF 2007 AND 2708 OPF 2007 IN ,AT. APPEAL NO. 194 OF 2007.

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DISMISSED

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21.2.2008

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Sd/-(KURIAN JOSEPH, JUDGE)

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Sd/-(HARUN-UL-RASHID, JUDGE)

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KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

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------------------------------------------

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M.A No.194 of 2007

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Dated this the 18th day of October 2007

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ORDER

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Kurian Joseph,J

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This Court on 17-9-2007 granted a stay of further proceedings prusuant to the sale conducted on 6-8-2007. But it is brought to our notice that since the appellants failed to furnish the security as per the order of this Court dated 18-6-2007, the sale had already taken place on 6-82007. The appellants have filed Annexure-A2 petition under Order XXI Rule 90. Since the matter is now pending before the Court as above, we vacate the interim order dated 17-9-2007 with a direction to the Family Court Thiruvalla to dispose of Annexure- A2 petition within a month from the date of production of a copy of this order.

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KURIAN JOSEPH, JUDGE

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HARUN-UL-RASHID, JUDGE

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Philip Eappen v. Aleyamma Reni Eappan

Case brief

What is this about?

What did the court decide?

Philip Eappen v. Aleyamma Reni Eappan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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