Appellants filed a matrimonial appeal against a family court decree for return of money and gold. A memo filed by counsel stated the dispute was amicably settled and the appeal was not being pressed, leading to dismissal.
The matrimonial appeal was dismissed as not pressed based on the appellants' memo of settlement.
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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
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
MAT.APPEAL NO. 496OF 2019
AGAINST THE ORDER DATED 30.04.2019 IN O.P.NO.795 OF 2016 OF
THE FAMILY COURT, THALASSERY
APPELLANTS:
1 PRAVEEN.P.V, AGED 33 YEARS S/O.A.J.VARGHESE, RESIDING AT PANAKKAPATHALIL, ADAKKATHODE.P.O. KELAKKAM AMSOM, IRITTY TALUK, KANNUR DT.2THRESSIAMMA, AGED 60 YEARS
W/O.A.J.VARGHESE, RESIDING AT PANAKKAPATHALIL,
ADAKKATHODE.P.O. KELAKKAM AMSOM, IRITTY TALUK,
KANNUR DT.
BY ADVS.
MINI ELIZABETH GEORGE
P.N.ANOOP
RESPONDENT:
LINTU LUKOSE, AGED 32 YEARS
D/O.T.Y.LUKOSE RESIDING AT THOTTUMKARA HOUSE,
CHEMPANODA AMSOM DESOM CHEMPANODA.P.O, PERUVANNA-
MUZHI(VIA), KOZHIKODE DT-673528
REPRESENTED BY POWER OF ATTORNEY HOLDER T.Y.LU-
KOSE, S/O.YOHANNAN, RESIDING AT THOTTUMKARA HOUSE,
CHEMPANODA AMSOM, DESOM, KOZHIKODE, PIN 673 529
BY ADV SRI.BABU CHERUKARA
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Mat.Appeal No.496 of 2019
JUDGMENT
Anil K. Narendran, J.
The appellants, who are respondents 1 and 2 in O.P.No.795 of 2016 on the file of the Family Court, Thalassery, which is one filed by the respondent herein-wife of the 1st appellant, seeking a decree
for return of money and gold ornaments. By the judgment and decree dated 30.04.2019, the Family Court allowed that original
petition. The operative portion of the said judgment reads thus;
“1. The petition is decreed as follows with costs;
a. Respondents 1 and 2 shall pay a sum of Rs.16,54,039/- to the petitioner alon with interest at the rate of 6% per annum from the date of the petition till the amount is paid.
b. The petitioner is entitled to get costs from respondents 1 and 2.
c. The 3rd respondent is absolved from the liability.”
Feeling aggrieved, the appellants are before this Court in this
appeal, invoking the provisions under Section 19(1) of the Family Court Act.
granted an interim stay on furnishing of security for the decree amount to the satisfaction of the court below. In the said order it
was made clear that, if attachment is alive, no further security need
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Mat.Appeal No.496 of 2019
be furnished.
“The appellants hereby submit that the issues in the above Matrimonial Appeal has been amicably settled between the appellants and respondent and they have already filed joint petition before the Family Court, Vadakara, Kozhikode District. Therefore, we do not intending to proceed further with the above Mat.Appeal and hereby submit through the memo that we are not pressing the above Mat.Appeal.”
Recording the aforesaid memo filed by the learned counsel for
the appellants, this appeal is dismissed as not pressed.
Sd/-
ANIL K.NARENDRAN
JUDGE
Sd/-
P.G. AJITHKUMAR
JUDGE
yd
PRAVEEN.P.V
THRESSIAMMA
LINTU LUKOSE
ANIL K.NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
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