Appellant filed matrimonial appeal challenging Family Court decree for recovery of money and gold. Court noted counsel's memo stating matter settled out of court and dismissed appeal as not pressed.
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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 16TH DAY OF NOVEMBER 2022/25TH KARTHIKA,1944
MAT.APPEAL NO. 890 OF 2014
AGAINST THE JUDGMENT DATED 24.07.2014 IN O.P.NO.6 OF 2013 OF THE FAMILY COURT, ATTINGAL
APPELLANT/PETITIONER:
SHYMA M.
AGED 25 YEARS, D/O.MUBEENA, SHIJI MANZIL, EDAVA P.O., THIRUVANANTHAPURAM DISTRICT.
BY ADV SRI.J.JAYAKUMAR
RESPONDENTS/RESPONDENTS:
1 SAHEEDKUTTY AGED 33 YEARS S/O.HAKKIM, KADAYILVILAKOM, MISKEEN THERUVU, ODAYAM, VARKALA P.O., THIRUVANANTHAPURAM, PIN - 695141.
2 HAKKIM,
AGED 71 YEARS, KADAYILVILAKOM, MISKEEN THERUVU, ODAYAM, VARKALA P.O., THIRUVANANTHAPURAM, PIN - 695141.
3 IYSHA, AGED 61 YEARS, KADAYILVILAKOM, MISKEEN THERUVU, ODAYAM, VARKALA P.O., THIRUVANANTHAPURAM, PIN – 695141.
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Mat.Appeal No.890 of 2014
4 BABY SALEENA, AGED 35 YEARS, D/O.IYSHA, KADAYILVILAKOM, MISKEEN THERUVU, ODAYAM, VARKALA P.O., THIRUVANANTHAPURAM, PIN 695141.
5 SAJEENA, AGED 31 YEARS, D/O.IYSHA, KADAYILVILAKOM, MISKEEN THERUVU, ODAYAM, VARKALA P.O., THIRUVANANTHAPURAM, PIN 695141.
BY ADV SRI.LATHEESH SEBASTIAN
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Mat.Appeal No.890 of 2014
JUDGMENT
Anil K. Narendran, J.
The appellant filed O.P.No.6 of 2013 before the Family Court, Attingal, for recovery of Rs.5,00,000/- and 63½ sovereigns of gold ornaments from the respondents. That original petition was partly decreed allowing the appellant to recover an amount of Rs.1,75,000/- with interest at the rate of 6% per annum from the date of decree till realisation from the 1st respondent and his assets. Insofar as other reliefs are concerned, the petition stands dismissed. Challenging the judgment and decree of the Family Court in O.P.No.6 of 2013 to the extent it is against the appellant, she filed this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.
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Mat.Appeal No.890 of 2014
memo dated 01.11.2022 to dismiss the appeal as not pressed. Paragraph No.2 of that memo reads,-
In such circumstances, this appeal is dismissed as not
pressed, recording aforesaid memo dated 01.11.2022 filed
by the learned counsel for the appellant.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/P.G. AJITHKUMAR, JUDGE
dkr
1 issue framed by the court
Whether the matrimonial appeal admitted on merits when counsel filed a memo stating the matter was settled out of court?
Shyma M.
Saheekutty
Hakkim
Iysha
Baby Saleena
Sajeena
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
