Disposed

Chinnamma Scaria v. Benoy Scaria

Kerala HC2 Mar 2021OP (FC)/72/2021

Case brief

AI extract

What is this about?

In O.P. No.72/2021, the High Court of Kerala reviewed a pending original petition regarding injunction on property alienation. Noting the Family Court's report that the petitioner failed to request an urgent hearing on prior dates, the Court disposed of the present writ petition by directing the lower court to post the main case for 15.03.2021.

What did the court decide?

The main case O.P.No.219/2020 in the Family Court was posted for 15.03.2021. The present petition was disposed of.

Chinnamma Scaria Vs Benoy Scaria — Property and Title | 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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TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

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OP (FC).No.72 OF 2021

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IN OP 219/2020 OF FAMILY COURT, KATTAPPANA

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PETITIONER/PETITIONER IN OP:

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CHINNAMMA SCARIA AGED 73 YEARS

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W/O. LATE MATHAI SCARIA, KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT 685 508.

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BY ADVS. SRI.VARGHESE C.KURIAKOSE SHRI.SUSANTH SHAJI

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RESPONDENTS/RESPONDENTS:

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1 BENOY SCARIA AGED 48 YEARS S/O. LATE MATHAI SCARIA, KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT 685 508.

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2 BIJU SCARIA, AGED 45 YEARS S/O. LATE MATHAI SCARIA, KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT 685 508.

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3 JESSY SCARIA, AGED 54 YEARS D/O. LATE MATHAI SCARIA, KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT 685 508.

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4 BINDHU BENOY,AGED 45 YEARS W/O. BENOY, KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT 685 508.

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O.P.(FC).No.72/2021

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5 BINDHU SHAJEE, AGED 44 YEARS W/O. LATE SHAJEE,

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KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT 685 508.

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6 ANNA SHAJEEV, AGED 24 YEARS D/O. LATE SHAJEE,, KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT 685 508.

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7 MARIYA SHAJEE, AGED 18 YEARS

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D/O. LATE SHAJEE,, KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT 685 508.

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8 ALPHONSA SHAJEE, AGED 15 YEARS

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D/O. LATE SHAJEE,, KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT 685 508 REPRESNED BY MOTHER BINDHU SHAJEE.

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9 SAVIO SHAJEE, AGED 13 YEARS

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S/O. LATE SHAJEE,, KURAKUNNEL HOUSE, KATTAPPANA P.O. IDUKKI KAVALA, KATTAPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT 685 508. REPRESENTED BY MOTHER BINDHU SHAJEE.

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10 KERALA STATE CO-OPERATIVE BANK, (FORMERLY IDUKKI DISTRICT CO-OPERATIVE BANK), P.B. NO. 2, IDUKKI COLOY P.O. IDUKKI 685 602.

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(FC).No.72/2021

JUDGMENT

Dated this the 2^nd day of March 2021

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A.MUHAMED MUSTAQUE, J

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This original petition was filed by the petitioner in O.P.No.219/2020 on the files of the Family Court, Kattappana. The petitioner filed I.A.No.1/2020 on 6.3.2020 for a temporary injunction restraining the 10^th respondent and persons under them from alienating the petition schedule property. Since the matter was not taken up, the petitioner has approached this Court.

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This Court has called for a report. The report dated 10.2.2021 is on board. The Family Court Judge has reported that there was no request from the petitioner to hear the matter urgently when the case was posted on 18.12.2020.The original petition and IA were adjourned to 18.2.2021. On that day also there was no request for urgent hearing.

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Taking note of the limited relief sought for by the petitioner, the Family Court is directed to post the case on 15.3.2021. The petitioner shall serve a copy of this judgment to the counsel for parties appearing before the

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O.P.(FC).No.72/2021

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Family Court. A copy of the judgment shall also be produced before the Family Court.

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O.P.(FC).No.72/2021 is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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Dr. KAUSER EDAPPAGATH

True copy

JUDGE

P.A. To Judge

O.P.(FC).No.72/2021

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE PLAINT (PETITION) IN O.P. NO. 219/2020 ON THE FILES OF FAMILY COURT, KATTAPPANA.

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EXHIBIT P2

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TRUE PHOTOSTAT COPY OF THE I.A. NO. 1/2020 IN O.P. NO. 219/2020 ON THE FILES OF FAMILY COURT, KATTAPPANA.

Chinnamma Scaria v. Benoy Scaria

Case brief

What is this about?

What did the court decide?

Chinnamma Scaria v. Benoy Scaria

Case brief

What is this about?

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