Sudha M., vs Rameshan K.,

Type Court Judgment Court Kerala Orders Decided Sep 19, 2022

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Citation: sooperkanoon.com/1443139
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
Decided On: Sep 19, 2022
Case Number: Mat.Appeal/62/2019

Parties & Advocates

Appellant / Petitioner

Sudha M.,

Respondent

Rameshan K.,

Excerpt

.....that he has exclusive right and possession over the petition schedule property. as per the common judgment dated 31.10.2018, o.p.no.1044 of 2015 was decreed and exclusive right and possession of the respondent over the petition schedule property was declared. challenging the said judgment this appeal has been preferred.2. on 24.01.2019, this appeal was admitted to file. anorder of interim stay was granted initially for a period of threemonths. interim order was later extended until further orders.3. the respondent has filed i.a.no.1 of 2022 seekinga temporary injunction restraining the appellant from alienating, encumbering or creating any charge on the petition schedule property. since the learned counsel appearing for the appellant relinquished the vakalath, notice was sent to theappellant by special messenger. notice was duly served on the appellant. she did not turn up. i.a.no.1 of 2022 was allowed as per order dated 19.07.2022 and an order of temporary injunction was granted. on the subsequent dates to which the appeal has been adjourned also, the appellant did not choose to appear before this court either in person or through counsel. today also, the appellant remained absent. in these circumstances, the appeal is dismissed for non-prosecution.anil k. narendran, judge p.g. ajithkumar, judge dkr

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 19TH DAY OF SEPTEMBER 2022 / 28TH BHADRA, 1944 MAT.APPEAL NO. 62 OF 2019 AGAINST THE JUDGMENT DATED 31.10.2018 IN O.P.NO.1044 OF 2015 OF THE FAMILY COURT, KANNUR APPELLANT/RESPONDENT: SUDHA M., AGED 38 YEARS, D/O KANNAN, RESIDING AT OTHAYOTH VEETTIL, VELLANCHIRA, ANCHAMPEEDIKA P.O., KANNUR. K.ASHIS SRI.NANDAGOPAL S.KURUP RESPONDENT/PETITIONER: RAMESHAN K., AGED 50 YEARS, S/O OTHENAN, KANATHIL HOUSE, P.O. AROLI, PAPPINISSERY, KANNUR-673001. K.R.AVINASH(CAVEATOR) ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) THIS MATRIMONIAL APPEAL HAVING COME UP FOR FINAL HEARING ON 19.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Ajithkumar, J.

Wife is the appellant. She was the respondent in O.P.No.1044 of 2015 on the file of the Family Court, Kannur. The respondent herein filed O.P.No.1044 of 2015 seeking a

decree of declaration that he has exclusive right and possession over the petition schedule property. As per the common judgment dated 31.10.2018, O.P.No.1044 of 2015 was decreed and exclusive right and possession of the respondent over the petition schedule property was declared. Challenging the said judgment this appeal has been preferred.

2. On 24.01.2019, this appeal was admitted to file. An

order of interim stay was granted initially for a period of three

months. Interim order was later extended until further orders.

3. The respondent has filed I.A.No.1 of 2022 seeking

a temporary injunction restraining the appellant from alienating, encumbering or creating any charge on the petition schedule property. Since the learned counsel appearing for the appellant relinquished the Vakalath, notice was sent to the

appellant by special messenger. Notice was duly served on the appellant. She did not turn up. I.A.No.1 of 2022 was allowed as per order dated 19.07.2022 and an order of temporary injunction was granted. On the subsequent dates to which the appeal has been adjourned also, the appellant did not choose to appear before this Court either in person or through counsel. Today also, the appellant remained absent. In these circumstances, the appeal is dismissed for non-prosecution.

ANIL K. NARENDRAN, JUDGE P.G. AJITHKUMAR, JUDGE dkr

Same Court & Year Kerala Orders · 2022 Same Parties Sudha M., vs Rameshan K., Same Judge Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice...