Rahmath vs Rafeeq

Type Court Judgment Court Kerala Decided May 30, 2023

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https://sooperkanoon.com/case/1358543

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Citation: sooperkanoon.com/1358543
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Sophy Thomas
Decided On: May 30, 2023
Case Number: OP (FC)/222/2023

Parties & Advocates

Appellant / Petitioner

Rahmath

Respondent

Rafeeq

Excerpt

.....irinjalakkuda mainly aggrieved by certain prima facie observations and opinion of the family court while lifting attachment of item no.2 of plaint schedule property. while allowing the application to lift the attachment, the court below observed that the claim is prima facie barred by limitation and certain opinion in regard to the merit of the claim. perhaps, while considering the application, the court below observed that there was no strong case against the parties, so as to continue the attachment. it may be true that it was observed in the context of lifting attachment but nevertheless the petitioner's apprehension that it may adversely affect the final outcome of the proceedings cannot be said unfounded. -4-2. having adverted to the submissions asabove, we are of the view that the observations as above will not stand in the way of the family court in considering the claim and adverting the same in accordance with law and untrammelled by observations and opinion on the merit of the claim. the family court shall dispose of the original petition. we also find no reason to interfere with the order passed in lifting the attachment. the original petition is disposed with the above observations. sd/- a.muhamed mustaque judge sd/- sophy thomas judge bpr -5- appendix of op (fc) 222/2023 petitioners' exhibits exhibit p1 a true copy of the petition in o.p.no.1174/2021 on the file of family court, irinjalakuda exhibit p2 a true copy of i.a.no.2/2021 in o.p.no.1174/2021 dated 20.10.2021 exhibit p3 a true copy of the objection in i.a.no.2/2021 in o.p.no.1174/2021 exhibit p4 a true copy of the mubarath agreement dated 16.04.2018 between 1 st petitioner and 1 st respondent exhibit p5 a true copy of the order dated 14.03.2023 in i.a.no.2/2021 in o.p.no.1174/2021 on the file of family court, irinjalakuda

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TUESDAY, THE 30TH DAY OF MAY 2023 / 9TH JYAISHTA, 1945 AGAINST THE ORDER DATED 14.03.2023 IN I.A. NO.2/2021 IN O.P. NO.1174/2021 ON THE FILE OF THE FAMILY COURT, IRINJALAKUDA. PETITIONERS/PETITIONERS/PETITIONERS: 1 RAHMATH, AGED 43 YEARS, D/O. PUNNILATH VEETTIL SAIDUMUHAMMED, P. VEMBALLUR DESOM, S.N.PURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT; REPRESENTED BY HER POWER OF ATTORNEY HOLDER SAIDUMUHAMMED, AGED 73 YEARS, S/O BAVU, PUNNILATH HOUSE, S.N. PURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN-680 664. 2 MEHANAS RAFEEQ, AGED 20 YEARS, D/O. RAFEEQ, PUNNILATH VEETTIL, P. VEMBALLUR DESOM, S.N. PURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN-680 664.

BY ADV. RAJESH CHAKYAT RESPONDENTS/RESPONDENTS/RESPONDENTS: 1 RAFEEQ, S/O. NJAVELIPARAMBIL ABDURAHMAN, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN-680 663. 2 ABDURAHMAN, S/O. NJAVELIPARAMBIL ADIMA, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN-680 663. -2- 3 REHEEMA, W/O. NJAVELIPARAMBIL ABDURAHMAN, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN-680 664. R2&R3 BY ADVS.THOMAS T.VARGHESE

ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA JIJO PAUL ARAVIND SAMSON SALAHUDEEN AYOOBI T.A. ARJUN RAJA P.C. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 30.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-

JUDGMENT

A. MUHAMED MUSTAQUE, J.

This original petition is filed by the petitioner in O.P. No.1174 of 2021 on the file of the Family Court, Irinjalakkuda mainly aggrieved by certain prima facie observations and opinion of the Family Court while lifting attachment of item No.2 of plaint schedule property. While allowing the application to lift the attachment, the court below observed that the claim is prima facie barred by limitation and certain opinion in regard to the merit of the claim. Perhaps, while considering the application, the court below observed that there was no strong case against the parties, so as to continue the attachment. It may be true that it was observed in the context of lifting attachment but nevertheless the petitioner's apprehension that it may adversely affect the final outcome of the proceedings cannot be said unfounded. -4-

2. Having adverted to the submissions as

above, we are of the view that the observations as above will not stand in the way of the Family Court in considering the claim and adverting the same in accordance with law and untrammelled by observations and opinion on the merit of the claim. The Family Court shall dispose of the original petition. We also find no reason to interfere with the order passed in lifting the attachment. The original petition is disposed with the above observations. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SOPHY THOMAS JUDGE bpr -5- APPENDIX OF OP (FC) 222/2023 PETITIONERS' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PETITION IN O.P.NO.1174/2021 ON THE FILE OF FAMILY COURT, IRINJALAKUDA EXHIBIT P2 A TRUE COPY OF I.A.NO.2/2021 IN O.P.NO.1174/2021 DATED 20.10.2021 EXHIBIT P3 A TRUE COPY OF THE OBJECTION IN I.A.NO.2/2021 IN O.P.NO.1174/2021 EXHIBIT P4 A TRUE COPY OF THE MUBARATH AGREEMENT DATED 16.04.2018 BETWEEN 1 ST PETITIONER AND 1 ST RESPONDENT EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 14.03.2023 IN I.A.NO.2/2021 IN O.P.NO.1174/2021 ON THE FILE OF FAMILY COURT, IRINJALAKUDA

Same Court & Year Kerala · 2023 Same Parties Rahmath vs Rafeeq Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...