The High Court of Kerala dismissed the withdrawal prayer of the first respondent under the guise of allowing the request, resulting in the original property partition petition being dismissed and the interim application closed following an apparent compromise.
Original Petition No.321/2010 dismissed and Interim Application No.2511/2011 closed upon withdrawal request.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
THURSDAY, THE 2ND DAY OF FEBRUARY 2012/13TH MAGHA 1933
MA.No. 952 of 2010
OP.321/2010 of FAMILY COURT, MALAPPURAM
APPELLANT(S)/2ND RESPONDENT:
HUSSAIN HAJI, S/O. MANGATTUPARAMBAN MOIDEEN MUSLIAR, KANJIRANGHOTTIL, CHEEKODEU OMANNOOR P.O. PIN - 647645, MALAPPURAM DISTRICT.
BY ADV. SRI.JAMSHEED HAFIZ
RESPONDENT(S)/PETITIONER & IST RESPONDENT:
R-1 BY ADV.SRI.R.SUDHISH
SMT.M.MANJU
SRI.K.R.RANJITH R2 BY ADV.SRI.SAJU.S.A
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 02-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
----------------------------------------Mat.Appeal No.952 of 2010-E & I.A.2511/2011
Dated, this the 2nd day of February, 2012
J U D G M E N T
K.M.Joseph, J.
The original petition filed by the first respondent was decreed and her right over one half share was declared and sale deed executed by the second respondent in favour of the appellant was declared null and void. The parties were apparently entered into a compromise. Learned counsel for the first respondent would pray that the first respondent may be permitted to withdraw the Original Petition in the light of the compromise. We allow the request of the learned counsel for the Ist respondent for withdrawal of the original petition. Accordingly, O.P.No.321/2010 before the Family Court, Malappuram will stand dismissed. I.A.No.2511/2011 is closed.
(K.M.JOSEPH) JUDGE.
(M.L.JOSEPH FRANCIS) JUDGE.
MS
1 issue framed by the court
Whether the first respondent is permitted to withdraw the original petition following a compromise between the parties.
HUSSAIN HAJI
ASYA
USMAN
K.M.JOSEPH
M.L.JOSEPH FRANCIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
