Dismissed

Dr. Jikky v. Anitha Vikraman

Kerala HC4 Mar 2021OP (FC)/107/2020

Case brief

AI extract

What is this about?

District Judge Ananthapuri dismissed the original petition filed by Dr. Jikky. He held that a person holding the Thandaper Register is permitted to pay land tax and enjoy the property. The attachment over the property did not affect this right. The petitioner was not affected by the Family Court order. The order was dismissed as having no merit.

What did the court decide?

The original petition is dismissed as it has no merit. The Thandaper holder retains the right to pay land tax and enjoy the property.

Dr. Jikky Vs Anitha Vikraman — Partition | Kerala HC (2021)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

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THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

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OP (FC).No.107 OF 2020

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AGAINST THE ORDER DATED 7.2.2020 IN 1458/2019 IN OP 704/2016 OF FAMILY COURT, ATTINGAL

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PETITIONER:

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DR. JIKKY AGED 46 YEARS W/O. SURESH KUMAR, RADHA NIVAS, ATTINGAL P.O. ATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT 695 101.

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BY ADVS. SRI.M.BALAGOVINDAN SRI.S.SHIBU KUMAR SMT.S.ABJA SRI.A.ANOOP

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RESPONDENTS:

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1 ANITHA VIKRAMAN

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D/O. RADHAMANI, RADHA NIVAS, VEERALAM, ATTINGAL P.O. ATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT 695 101.

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2 S. SURESH KUMAR, S/O. N. SREEDHARAN VAIDHYAN, RADHA NIVAS,CHIRAYINKEEZHU ROAD, ATTINGAL P.O. CHITTATTINKARA DESOM, ATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT 695 101.

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3 AJITHA SURESH BABU, D/O. N. SREEDHARAN VAIDHYAN, SREEVISAKHAM VEEDU, PADANORTH, KARUNAGAPALLY, KOLLAM DISTRICT 690 544.

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O.P.(FC).No.107/2020

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4 S. DILEEP KUMAR, S/O. N . SREEDHARAN VAIDHAYAN, RADHA NIVAS, CHIRAYINKEEZHU ROAD, ATTINGAL P.O. CHITTATTINKARA DESOM, ATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT 695 101.

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R1 BY ADV. SRI.SHAJIN S.HAMEED R1 BY ADV. SRI.R.GOPAN

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 4.3.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(FC).No.107/2020

JUDGMENT

Dated this the 4^th day of March 2021

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A.MUHAMED MUSTAQUE, J.

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The petitioner obtained an attachment in O.P.No.704/2016 in respect of the property owned by the 1^st respondent herein. The 1^st respondent thereafter filed I.A.No.1458/2019 seeking a direction to pay tax in the name of Thandaper holder. The said petition was allowed as per order dated 7.2.2020. The said order is under challenge in this original petition.

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The person in whose name the Thandaper Register is entered is permitted to pay land tax and enjoy the property in accordance with law. The attachment over the property will not affect the said right of the parties. The petitioner herein is in no way affected by the said order passed by the Family Court permitting the Thandaper holder to pay land tax.

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There is no merit in the original petition and hence, this OP(FC) is dismissed.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Sd/-

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True copy

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Dr. KAUSER EDAPPAGATH, JUDGE

P.A. To Judge

O.P.(FC).No.107/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PETITION IN O.P. 704/2016 BEFORE THE FAMILY COURT ATTINGAL 13/06/2016. EXHIBIT P2 TRUE COPY OF THE PARTITION SUIT IN O.S. 37/2016 BEFORE THE SUB COURT, ATTINGAL DATED 07/09/2016. EXHIBIT P3 TRUE COPY OF THE COUNTER CLAIM DATED 07/08/2018. EXHIBIT P4 TRUE COPY OF THE F.I.R. DATED 05/10/2016. EXHIBIT P5 TRUE COPY OF THE I.A. 1458/2019 IN O.P. 704/2016 DATED 07.03.2019. EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 22/11/2019. EXHIBIT P7 TRUE COPY OF THE ORDER IN I.A. 1458/2019 IN O.P. 704/2016 DATED 07.02.2020.

Dr. Jikky v. Anitha Vikraman

Case brief

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Dr. Jikky v. Anitha Vikraman

Case brief

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