Ramsi N vs Jihas

Ramsi N vs JIHAS

Type Court Judgment Court Kerala Decided Mar 28, 2025

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https://sooperkanoon.com/case/1279875

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Citation: sooperkanoon.com/1279875
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran,Honourable Mrs. Justice M.B. Snehalatha
Decided On: Mar 28, 2025
Case Number: OP (FC)/175/2025
Subject: Municipal Tax

Case Summary

AI-generated summary - not the official court judgment text.

Municipal Tax

Key legal issue: Municipal Tax

Parties & Advocates

Appellant / Petitioner

Ramsi N

Respondent

JIHAS

Excerpt

.....of 2019, family court, attingal petitioner/petitioner in ia no.2 of 2024 and ia no.1 of 2024/respondent in op(g&w)no.687/2019: ramsi n, aged 29 years, d/o mohammed rafi, residing at nedumkottukonathu veedu, poolanthara, santhigiri p o, pothencode from plavaracodu puthuval puthen veedu, chanthavila, sainika school p o, kazhakuttom, thiruvananthapuram district, pin - 695585. by adv m.abdul rasheed respondent/respondent in ia no.2 of 2024 and ia no.1 of 2024/petitioner in op(g&w)no.687/2019: jihas, aged 36 years, s/o abdul salam, residing at vilayil puthen veedu, mudapuram p o, kizhuvilam village, chirayinkeezh, thiruvananthapuram district, pin - 695304. -2- this op (family court) having come up for admission on 28.03.2025, the court on the same day delivered the following: -3-judgmentdevan ramachandran, j.the petitioner pleads that exts.p3 and p4 applications, which she says has been numbered as i.a.nos.2/2024 and 1/2024 respectively in r.p.no.99/2024, be directed to be disposed of at the earliest.2. upfront, we must say that the prayer is imperfect because, in an inquiry with the learned family court, it has been revealed that there is only r.p.no.99/2024 and i.a.no.1/2024 therein to condone the delay in its filing, which is ext.p4. there is no i.a.no.2/2024 asserted by the petitioner.3. that being so, the question is whether this court should direct the learned family court to take up r.p.no.99/2024.4. the learned counsel for the petitioner -4submits that there is an execution petition, numbered as e.p.no.59/2022, filed based on original judgment and decree, which is sought to be set aside through r.p.no.99/2024. in the afore circumstances, we allow thisoriginal petition, directing the learned family court to consider i.a.no.1/2024, namely ext.p4, in r.p.no.99/2024, as also the said restoration petition, after affording necessary opportunity to both sides as expeditiously as is possible but not later than two months from the date of receipt of a copy of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 IA NO.2/2024 IN OPGW NO.687 OF 2019, FAMILY COURT, ATTINGAL PETITIONER/PETITIONER IN IA NO.2 OF 2024 AND IA NO.1 OF 2024/RESPONDENT IN OP(G&W)NO.687/2019: RAMSI N, AGED 29 YEARS, D/O MOHAMMED RAFI, RESIDING AT NEDUMKOTTUKONATHU VEEDU, POOLANTHARA, SANTHIGIRI P O, POTHENCODE FROM PLAVARACODU PUTHUVAL PUTHEN VEEDU, CHANTHAVILA, SAINIKA SCHOOL P O, KAZHAKUTTOM, THIRUVANANTHAPURAM DISTRICT, PIN - 695585. BY ADV M.ABDUL RASHEED RESPONDENT/RESPONDENT IN IA NO.2 OF 2024 AND IA NO.1 OF 2024/PETITIONER IN OP(G&W)NO.687/2019: JIHAS, AGED 36 YEARS, S/O ABDUL SALAM, RESIDING AT VILAYIL PUTHEN VEEDU, MUDAPURAM P O, KIZHUVILAM VILLAGE, CHIRAYINKEEZH, THIRUVANANTHAPURAM DISTRICT, PIN - 695304. -2- THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-

JUDGMENT

Devan Ramachandran, J.

The petitioner pleads that Exts.P3 and P4 applications, which she says has been numbered as I.A.Nos.2/2024 and 1/2024 respectively in R.P.No.99/2024, be directed to be disposed of at the earliest.

2. Upfront, we must say that the prayer is imperfect because, in an inquiry with the learned Family Court, it has been revealed that there is only R.P.No.99/2024 and I.A.No.1/2024 therein to condone the delay in its filing, which is Ext.P4. There is no I.A.No.2/2024 asserted by the petitioner.

3. That being so, the question is whether this Court should direct the learned Family Court to take up R.P.No.99/2024.

4. The learned counsel for the petitioner -4submits that there is an Execution Petition, numbered as E.P.No.59/2022, filed based on original Judgment and decree, which is sought to be set aside through R.P.No.99/2024. In the afore circumstances, we allow this

Original Petition, directing the learned Family Court to consider I.A.No.1/2024, namely Ext.P4, in R.P.No.99/2024, as also the said Restoration Petition, after affording necessary opportunity to both sides as expeditiously as is possible but not later than two months from the date of receipt of a copy of this judgment.

We notice that the petitioner has also sought that this Court stay further proceedings in E.P.No.59/2022, till the above said restoration petition is disposed of. However, we notice that she concedes that she has filed Ext.P5 application for such purpose before the -5learned Family Court, Attingal. Obviously, it is up to the petitioner to move the learned Family

Court appropriately, including by seeking an early hearing of Ext.P5, the liberty for which is reserved.

Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B.SNEHALATHA akv JUDGE -6- APPENDIX OF OP (FC) 175/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE E.P. NO.59/2022 IN O.P. (G&W) NO.687/2019 ON THE FILE OF FAMILY COURT, ATTINGAL DATED 23.11.2022 EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN O.P. (G&W) NO.687/2019 OF THE FAMILY COURT, ATTINGAL DATED 27.6.2022 EXHIBIT P3 TRUE COPY OF THE I.A. NO.2/2024 IN

R.P. NO.99/2024 IN O.P. (G&W) NO.687/2019 ON THE FILE OF THE FAMILY COURT, ATTINGAL DATED 19.11.2024 EXHIBIT P4 TRUE COPY OF THE DELAY CONDONATION PETITION I.A. NO.1/2024 IN R.P. NO.99/2024 IN O.P. (G&W) NO.687/2019 ON THE FILE OF THE FAMILY COURT, ATTINGAL DATED 19.11.2024 EXHIBIT P5 TRUE COPY OF THE E.A. NO.3/2024 IN E.P. NO.59/2022 ON THE FILE OF FAMILY COURT, ATTINGAL DATED 9.12.2024

Same Court & Year Kerala · 2025 Same Parties Ramsi N vs JIHAS Same Subject Municipal Tax Same Judge Honourable Mr. Justice Devan Ramachandran,Honourable Mrs. Jus...