Disposed

Muhammed Hussain v. Najeema

Kerala HC10 Jul 2012OP (FC)/1579/2012

Case brief

AI extract

What is this about?

This order directs the Family Court, Nedumangad, to dispose of a pending interim application concerning a return of gold ornaments case by a specified date. The High Court of Kerala directed expeditious hearing due to compliance with conditions and deposit of security.

What did the court decide?

Direction to Family Court, Nedumangad to dispose of I.A. No.1332 of 2011 expeditiously, by 22.8.2012.

Muhammed Hussain Vs Najeema — Service and Employment | Kerala HC (2012)

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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 K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 10TH DAY OF JULY 2012/19TH ASHADHA 1934 OP (FC).No. 1579 of 2012 (R) ---------------------------OP.1250/2007 of FAMILY COURT, NEDUMANGAD

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PETITIONER:

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MUHAMMED HUSSAIN, AGED 56 YEARS S/O.ABDUL RASHEED,181-A,MUNEER MANZIL KOPPAM,PULASSERY(PO),OTTAPALAM TALUK PALAKKAD DISTRICT. BY ADVS.SRI.GOPAKUMAR R.THALIYAL SRI.A.CHANDRA BABU

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RESPONDENT:

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NAJEEMA, D/O.ASUMA BEEVI,SHAJAHAN MANZIL,GUARD STATION MYLAMOODU(P.O),PANGODE VILLAGE THIRUVANANTHAPURAMDISTRICT,PIN-695014. BY ADV. SRI.S.M.PREM BY ADV. SMT.K.P.SANTHI BY ADV. SRI.P.K.NIJOY THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(F.C.) 1579 OF 2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT-P1 TRUE COPY OF THE JUDGMENT PASSED BY THE FAMILY COURT, NEDUMANGAD IN O.P.1250/2007 DATED 30.06.2008.

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EXT-P2 TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT,NEDUMANGAD DATED 12.01.2012.

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EXT-P3 TRUE COPY of the AFFIDAVIT AND PETITION IN I.A.1331/2011 IN O.P.1250/2007 DATED 28.06.2011

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EXT-P4 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.1332/2011 IN OP.1250/2007 DATED 28.06.2011.

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RESPONDENTS' EXHIBITS: NIL

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// TRUE COPY //

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K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(F.C.) No.1579 of 2012 R

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

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Dated this the 10^th day of July, 2012

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JUDGMENT

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K.T. Sankaran J.,

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O.P.No.1250 of 2007 was filed by the respondent against the petitioner for return of gold ornaments or their value. The Family Court, Nedumangad allowed the O.P., as per the judgment dated 30.6.2008, after setting the petitioner (respondent before the Family Court) ex-parte. The petitioner filed applications to set aside the ex-parte order and to condone the delay in filing the application to set aside the ex-parte order. The Family Court allowed the applications as per Ext.P2 order dated 12.1.2012, on payment of costs. It is submitted that the condition was complied with. It is stated that later, the petitioner deposited a sum of Rs.4,00,000/- and executed a security bond. The petitioner also filed I.A. No.1332 of

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O.P.(F.C.) No.1579 of 2012

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:2:

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2011 to accept the security bond and to vacate the ex-parte order of attachment. I.A. No.1332 of 2011 is pending. The prayer in the Original Petition is to direct the Family Court, Nedumangad to dispose of I.A. No.1332 of 2011 expeditiously.

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Heard learned counsel appearing for the parties.

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In the facts and circumstances, there will be a direction to the Family Court, Nedumangad to hear and dispose of I.A. No.1332 of 2011 in O.P. No.1250 of 2007 as expeditiously as possible and at any rate before 22.8.2012.

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K.T. SANKARAN,

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(JUDGE)

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M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

Muhammed Hussain v. Najeema

Case brief

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Muhammed Hussain v. Najeema

Case brief

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