Disposed

Sajeena P.H. v. Asfer C.A

Kerala HC27 May 2024OP (FC)/346/2024

Case brief

AI extract

What is this about?

Petitioners in a Family Court money and gold recovery case sought expeditious disposal of their application. The High Court dispensed with notice and directed the Family Court, Irinjalakkuda to consider the expedition application in light of Shiju Joy and decide appropriately.

What did the court decide?

Direction to Family Court, Irinjalakkuda to consider Ext.P7 application in light of Shiju Joy (supra); notice to respondent dispensed with.

Sajeena P.H. Vs Asfer C.A — Kerala HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶3

&

¶4

THE HONOURABLE MR. JUSTICE P.M.MANOJ

¶5

MONDAY,THE27THDAYOFMAY2024/6THJYAISHTA,1946
OP(FC)NO.346OF2024

¶6

AGAINSTTHEORDER/JUDGMENTDATEDINOPNO.359OF2023OF
FAMILYCOURT,IRINJALAKUDA
PETITIONER/S:

¶7

1SAJEENAP.H.,AGED35YEARS
D/O.HASHIMP.P.,PUTHIYAVEETTILHOUSE,PONJANAMP.O.,
KATTOOR,THRISSURDISTRICT.,PIN-680702

¶8

2 HASHIM P.P, AGED 61 YEARS PUTHIYAVEETTIL HOUSE, PONJANAM P.O., KATTOOR, THRISSUR DISTRICT., PIN - 680702

¶9

3 JASMIN HASHIM, AGED 51 YEARS W/O. HASHIM P.P., PUTHIYAVEETTIL HOUSE, PONJANAM P.O., KATTOOR, THRISSUR DISTRICT., PIN - 680702 BY ADVS. GISA SUSAN THOMAS A.R.DIVYA V.VIDJEALATCHOUMY ADHITHYA K.

¶10

RESPONDENT/S:

¶11

1ASFERC.A,AGED45YEARS
S/O.ALIYARC.B.,CHIRAKKUZHYHOUSE,PONJANAMP.O.,
THRISSURDISTRICT.,PIN-680702

¶12

2MUHAMMEDANASP.H,AGED44YEARS
S/O.HANEEFA,PUTHENKULAMHOUSE,KATTOOR,THRISSUR
DISTRICT,PIN-680702C/O.SAJEENAP.H.,D/O.HASHIM
P.P.,PUTHIYAVEETTILHOUSE,PONJANAMP.O.,KATTOOR,
THRISSURDISTRICT,PIN.,PIN-680702

¶13

OTHER PRESENT:

¶14

SRIUNNIKRISHNAKAIMAL,SR.GP.

¶15

THISOP(FAMILYCOURT)HAVINGCOMEUPFORADMISSION
ON27.05.2024,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

¶16

¶17

O.P.(F.C.) No.346 of 2024

¶18

J U D G M E N T

¶19

Raja Vijayaraghavan, J.

¶20

The petitioners herein are the respondents 1, 2 and 4 in O.P.No.359 of 2023 on the file of the Family Court, Irinjalakkuda. The aforesaid petition has been filed by the 1st respondent herein seeking recovery of money as well as the gold and for incidental reliefs.

¶21

The petitioners state that an attachment order has been passed by the Family Court in respect of an item of property, which is under mortgage with Kattoor Service Cooperative Bank. The petitioner states that the expeditious consideration and disposal of the matter is required because of the special facts and circumstances arising in this case. In the said circumstances, they are stated to have preferred Ext.P7 application as I.A.No.9 of 2024 seeking expeditious disposal of IA No.5 of 2024 as well as the main petition.

¶22

¶23

O.P.(F.C.) No.346 of 2024

¶24

Smt.Gisa Susan Thomas, the learned counsel submits that

¶25

the application has been filed in the light of the law laid down by this Court in Shiju Joy¹ .

¶26

Heard. In view of the order that we propose to pass, notice to the respondent is dispensed with.

¶27

Having regard to the facts and circumstances of the case and the submissions made across the bar, this petition is disposed of directing the Family Court, Irinjalakkuda to take up Ext.P7 application in the light of Shiju Joy (supra) and take appropriate decision.

¶28

sd/-

¶29

RAJA VIJAYARAGHAVAN V JUDGE

¶30

sd/- P.M.MANOJ JUDGE

¶31

das

¶32

¶33

Shiju Joy A. v. Nisha [2021 (2) KHC 462]

¶34

¶35

O.P.(F.C.) No.346 of 2024

¶36

APPENDIX OF OP (FC) 346/2024

¶37

PETITIONER EXHIBITS

¶38

ExhibitP1COPYOFO.P.NO.433/2020FILEDBYTHE1ST
PETITIONERBEFOREFAMILYCOURT,
IRINJALAKUDADATED6/7/2020
ExhibitP2COPYOFTHEM.C.NO.94/2020FILEDBYTHE
1STPETITIONERBEFORETHEFAMILYCOURT,
IRINJALAKUDADATED3/7/2020.
ExhibitP3THECOPYOFTHEO.P.NO.359/2023OFFAMILY
COURTIRINJALAKUDADATED7/3/2023
ExhibitP4COPYOFTHEI.A.NO.2/2023IN
O.P.NO.359/2023
ExhibitP5COPYOFTHEI.A.NO.5/2023IN
O.P.NO.359/2023FILEDBYTHEPETITIONERS
FORSETTINGASIDETHEEX-PARTEORDER
DATED26/2/2024
ExhibitP6THETRUECOPYOFTHESUMMONSISSUEDBY
ARBITRATORANDINSPECTORCO-OPERATIVE
SOVIETY,MUKUNDAPURAMTOTHE2ND
PETITIONERDATED4/12/2023.
ExhibitP6(a)THETRUECOPYOFTHESUMMONSISSUEDBY
ARBITRATORANDINSPECTORCO-OPERATIVE
SOVIETY,MUKUNDAPURAMTOTHE3RD
PETITIONERDATED4/12/2023
ExhibitP7THECOPYOFTHEI.A.NO.9/2024IN
O.P.NO.359/2023FILEDBYTHE2ND
PETITIONERDATED23/4/2024

Sajeena P.H. v. Asfer C.A

Case brief

What is this about?

What did the court decide?

Sajeena P.H. v. Asfer C.A

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Lekha Komath Vs Harikrishnan Gopikarnakar

Arunima P.T Vs Anoop

Jean J. Vs the Sub Inspector of Police

Gopinathan Vs Surya.S

Mohammed Saleel P.P Vs the Commissioner of Police

Jaison Chacko Vs Tez Thomas