Dismissed
Beevikutty Umma v. Ameera
Kerala HCOP (FC)/264/2019
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942
OP (FC).No.264 OF 2019
AGAINST THE ORDER/JUDGMENT IN OP 7/2010 DATED 08-04-2016 OF FAMILY COURT, TIRUR
PETITIONER:
BEEVIKUTTY UMMA, AGED 74 YEARS, W/O ENIKKUTTY HAJI, VALAYANKADAN HOUSE, OORAKAM AMSOM, MELMURI DESOM, YARAM PADI, OOORAKAM-MELMURI P.O.TIRURANGADI TALUK, MALAPPURAM DISTRICT
BY ADVS. SRI.BABU S. NAIR SMT.SMITHA BABU
RESPONDENTS:
OP (FC).No.264 OF 2019
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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 10-03-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.264 OF 2019
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JUDGMENT
Dated this the 10th day of March 2021
A.Muhamed Mustaque, J
This original petition was filed in the year 2019 challenging Ext.P2 order. Ext.P2 order is an order in E.A. No.103 of 2015 in E.P. No.44 of 2014 in O.P. No.7 of 2010 on the file of the Family Court, Tirur. For want of prosecution, the E.A was dismissed for default on 8.04.2016. The petitioner came before this Court on 11.04.2019 challenging that order. We do not find any reason to interfere with an order dismissing E.A for default. The remedy of the petitioner lies before the Execution Court itself and not before this Court. Accordingly, this original petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
PR
OP (FC).No.264 OF 2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EXECUTION APPLICATION NO 103/2015 IN EP NO 44/2014 IN OP NO 7/2010 OF THE FAMILY COURT.TIRUR DATED 21.7.2015
EXHIBIT P2 TRUE COPY OF THE ORDER NO E.A NO 103/2015 IN.P.NO 44/2014 IN OP NO 7/2010 OF THE FAMILY COURT, TIRUR DATED 8.4.2016
BEEVIKUTTY UMMA
AMEERA
FATHIMA SHADA
FATHIMA NIDA
ABDUL SALAM
ENIKUTTY HAJI
A.Muhamed Mustaque
DR. KAUSER EDAPPAGATH
As recorded by the court registry
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