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Indira vs Subhakumari

Indira vs Subhakumari

Type Court Judgment Court Kerala Decided Jan 31, 2024
~2 min read
https://sooperkanoon.com/case/1300305

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP (FC)/551/2021

Parties & Advocates

Appellant / Petitioner

Indira

Respondent

Subhakumari

Excerpt

in the high court of kerala at ernakulampresent the honourable mrs. justice anu sivaraman & the honourable mr. justice c.pratheep kumar wednesday, the 31st day of january 2024 / 11th magha, 1945 against the order in op 485/2016 of family court, pathanamthitta petitioner/claim petitioner: indira aged 56 years w/o. visawambaran, vidya bhavan, vadakkevila p.o., mulluvila cheriyil, vadakkevila village, kollam taluk, kollam district. by adv t.k.biju (manjinikara) respondents/respondents: 1 subhakumari aged 46 years w/o. devarajan, keettoor puthen veedu, thuvayoor south muri, 2 devarajan, aged 51 years s/o.krishnankutty, keettoor puthen veedu, thuvayoor south muri, 3 krishnankutty, aged 85 years keettoor puthen veedu, thuvayoor south muri, kadampanad village, adoor taluk, pathanamthitta district-691530. this op (family court) having come up for admission on 31.01.2024, the court on the same day delivered the following:judgmentit is submitted by the learned counsel for the petitioner that the original petition itself has been considered by the family court, pathanamthitta and was dismissed by judgment dated 17.11.2021. in the above view of the matter, this original petition is closed without prejudice to the right of the petitioner to move before the family court for lifting the attachment. anu sivaraman c.pratheep kumar rp appendix of op (fc) 551/2021 petitioner exhibits exhibit p1 a true copy of the petition in op no.485/2016 pending before the family court, pathanamthitta. exhibit p2 a true copy of sale deed no.240/2016 of the exhibit p3 a true copy of rectification deed no.273/2016 of the kadambanadu sro. exhibit p4 the true copy of tax receipts dated 23.5.2016, 25.6.2018 of kadambanad village. exhibit p5 the true copy of tax receipts dated 30.6.2021 of kadambanad village. exhibit p6 the possession and non attachment certificate of the above property in the name of the petitioner dated 8.3.2019 of kadambanadu village office. exhibit p7 the encumbrance certificate.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 AGAINST THE ORDER IN OP 485/2016 OF FAMILY COURT, PATHANAMTHITTA PETITIONER/CLAIM PETITIONER: INDIRA AGED 56 YEARS W/O. VISAWAMBARAN, VIDYA BHAVAN, VADAKKEVILA P.O., MULLUVILA CHERIYIL, VADAKKEVILA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV T.K.BIJU (MANJINIKARA) RESPONDENTS/RESPONDENTS: 1 SUBHAKUMARI AGED 46 YEARS W/O. DEVARAJAN, KEETTOOR PUTHEN VEEDU, THUVAYOOR SOUTH MURI, 2 DEVARAJAN, AGED 51 YEARS S/O.KRISHNANKUTTY, KEETTOOR PUTHEN VEEDU, THUVAYOOR SOUTH MURI, 3 KRISHNANKUTTY, AGED 85 YEARS KEETTOOR PUTHEN VEEDU, THUVAYOOR SOUTH MURI, KADAMPANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT-691530. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

It is submitted by the learned counsel for the petitioner that the original petition itself has been considered by the Family Court, Pathanamthitta and was dismissed by judgment dated 17.11.2021. In the above view of the matter, this original petition is closed without prejudice to the right of the petitioner to move before the Family Court for lifting the attachment. ANU SIVARAMAN C.PRATHEEP KUMAR rp APPENDIX OF OP (FC) 551/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITION IN OP NO.485/2016 PENDING BEFORE THE FAMILY COURT, PATHANAMTHITTA. Exhibit P2 A TRUE COPY OF SALE DEED NO.240/2016 OF THE Exhibit P3 A TRUE COPY OF RECTIFICATION DEED NO.273/2016 OF THE KADAMBANADU SRO. Exhibit P4 THE TRUE COPY OF TAX RECEIPTS DATED 23.5.2016, 25.6.2018 OF KADAMBANAD VILLAGE. Exhibit P5 THE TRUE COPY OF TAX RECEIPTS DATED 30.6.2021 OF KADAMBANAD VILLAGE. Exhibit P6 THE POSSESSION AND NON ATTACHMENT CERTIFICATE OF THE ABOVE PROPERTY IN THE NAME OF THE PETITIONER DATED 8.3.2019 OF KADAMBANADU VILLAGE OFFICE. Exhibit P7 THE ENCUMBRANCE CERTIFICATE DATED 12.3.2019 OF THE Exhibit P8 A TRUE COPY OF THE CLAIM PETITION FILED BY THE

PETITIONER AS I.A.NO.1370/2017 DATED 27.6.2017 IN OP NO.485/2016 BEFORE THE FAMILY COURT, PATHANAMTHITTA. Exhibit P9 A TRUE COPY OF THE OBJECTION IN I.A.NO.1370/2017 IN OP.NO.485/2016. Exhibit P10 THE TRUE COPY OF THE ORDER DATED 17.9.2021 OF THE HON'BLE FAMILY COURT, PATHANAMTHITTA IN I.A.1370/2021.

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