In a matrimonial appeal filed under the Family Courts Act, 1984, against a partition decree, the appellant filed a not pressed memo stating the matter was settled. The Court dismissed the appeal as not pressed and vacated the interim stay order.
The appeal was dismissed as not pressed; the interim stay order dated 11.02.2019 was vacated.
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 ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022 / 11TH KARTHIKA,
1944
MAT.APPEAL NO.497OF 2017
JUDGMENT DATED 27.09.2016 IN O.P.NO.349 OF 2014 ON THE
FILES OF THE FAMILY COURT, MALAPPURAM
APPELLANT:
PARATHODIKA ABOOBACKER,
S/O.UNNIMOYIN, PEEDIKAKANDI HOUSE,
POTHUVETTIPARA, MELEPALLIYALI, MUTHUVALLUR AMSOM
& POST, THAVANUR DESOM, KONDOTTY TALUK,
MALAPPURAM DISTRICT.
BY ADVS.
SRI.A.A.ZIYAD RAHMAN
SRI.LAL K.JOSEPH
RESPONDENT:
KOULATH,
D/O. PERINGADAN HAMSA HAJI, CHENGANEERI HOUSE,
KIZHISSERI P.O., KONDOTTY, MALAPPURAM DISTRICT,
PIN – 677 601.
BY ADVS.
SMT.ANJU CLETUS
SRI.JITHIN LUKOSE
SRI.P.SAMSUDIN
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 02.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
Mat. Appeal No.497 of 2017
JUDGMENT
Anil K. Narendran, J.
The appellant is the respondent in O.P.No.349 of 2014 on the files of the Family Court, Malappuram, which was one filed by the respondent herein, seeking partition of the petition schedule property equally between the parties. By the judgment and decree dated 27.09.2016, the Family Court, Malappuram
has passed a preliminary decree for partition, with the following terms;
invoking the provisions under Section 19(1) of the Family Courts
Act, 1984, along with an application for condonation of delay.
order dated 28.01.2019 in C.M.Application No.2 of 2017
3
Mat. Appeal No.497 of 2017
(C.M.Application No.1493 of 2017) and thereafter on
11.02.2019, this appeal was admitted.
“I am the counsel appearing for the appellant in the above case. The subject matter is settled between the parties out of court and hence the appellant is not interested to proceed with the case. Thus, the appeal may be dismissed as not pressed.”
counsel for the appellant, this appeal is dismissed as not pressed. Consequently, the interim order dated 11.02.2019 in I.A.No.3 of 2017 (I.A.No.1664 of 2017) shall stand vacated.
Registry to communicate a copy of this judgment to the Family Court, Malappuram. Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
PARATHODIKA ABOOBACKER
KOULATH
ANIL K. NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
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