Sidrathul Munthaha, vs Tharik

Type Court Judgment Court Kerala Decided Nov 16, 2022

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Citation: sooperkanoon.com/1563936
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Shoba Annamma Eapen
Decided On: Nov 16, 2022
Case Number: Tr.Appeal(C)/23/2022

Parties & Advocates

Appellant / Petitioner

Sidrathul Munthaha,

Respondent

Tharik

Excerpt

.....same day delivered the following: ..2..judgmenta. muhamed mustaque, j.this intra court appeal was filed challenging the dismissal of the transfer petition filed by the petitioner with a cost of rs.15,000/-.2. the appellant alleged bias as against thepresiding officer of the family court, malappuram. the learned single judge, noting the conduct of the petitioner in attempting to transfer the case in the light of earlier direction of this court in various cases between the parties, wherein a time bound disposal was ordered, and also noting that absolutely there was no substance in the allegations raised against the presiding officer, dismissed the transfer petition with costs.3. we also find no merit in this appeal. with acaution and warning to the appellant for ..3.. indulging in unnecessary litigation and that too, raising bias against the presiding officer, we dismiss this appeal.4. however, taking note of the fervent plearaised by the appellant, we reduce the cost to rs.5,000/- (rupees five thousand only), which shall be paid within two weeks as ordered in the impugned judgment. the appeal is ordered accordingly. a. muhamed mustaque shoba annamma eapen bka/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 16TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA, 1944 Tr.P(C) 244/2022 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SIDRATHUL MUNTHAHA, AGED 41 YEARS NEERULPAN HOUSE, PATAHAPRIYAM POST, EDAVANNA, ERNAD TALUK, MALAPPURAM DISTRICT, PIN - 676123 BY ADV M.NARENDRA KUMAR RESPONDENTS/RESPONDENTS:
1 THARIK, AGED 53 YEARS ARAKKAL HOUSE, ALANGAD POST, PARAVOOR TALUK, ERNAKULAM DISTRICT, PIN - 683511 2 ASHRAF, AGED 54 YEARS MANATHATTU HOUSE, MALIEMPEEDIKA, ALANGAD POST, PARAVOOR TALUK, ERNAKULAM DISTRICT, PIN - 683513 BY ADVS. SRI.BABU KARUKAPADATH, P.LAKSHMI BABU KARUKAPADATH(B-13) M.A.VAHEEDA BABU(V-4) P.U.VINOD KUMAR(K/647/2002) ARYA RAGHUNATH(K/000474/2018) VAISAKHI V.(K/860/2013) T.M.MUHAMMED MUSTHAQ(K/000261/2018) AJWIN P LALSON(K/001394/2018) KARUKAPADATH WAZIM BABU(MAH/8319/2019) AYSHA E.M.(K/001130/2022)
THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

JUDGMENT

A. MUHAMED MUSTAQUE, J.

This intra court appeal was filed challenging the dismissal of the transfer petition filed by the petitioner with a cost of Rs.15,000/-.

2. The appellant alleged bias as against the

Presiding officer of the Family Court, Malappuram. The learned Single Judge, noting the conduct of the petitioner in attempting to transfer the case in the light of earlier direction of this Court in various cases between the parties, wherein a time bound disposal was ordered, and also noting that absolutely there was no substance in the allegations raised against the Presiding Officer, dismissed the transfer petition with costs.

3. We also find no merit in this appeal. With a

caution and warning to the appellant for ..3.. indulging in unnecessary litigation and that too, raising bias against the Presiding Officer, we dismiss this appeal.

4. However, taking note of the fervent plea

raised by the appellant, we reduce the cost to Rs.5,000/- (Rupees five thousand only), which shall be paid within two weeks as ordered in the impugned judgment. The appeal is ordered accordingly. A. MUHAMED MUSTAQUE SHOBA ANNAMMA EAPEN bka/-

Same Court & Year Kerala · 2022 Same Parties Sidrathul Munthaha, vs Tharik Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...