Ismail, vs Asharaff,

Type Court Judgment Court Kerala Decided Apr 07, 2021

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Citation: sooperkanoon.com/1723606
Court: Kerala High Court
Judge: Honourable Mrs. Justice Mary Joseph
Decided On: Apr 07, 2021
Case Number: CMCP/32/2018

Parties & Advocates

Appellant / Petitioner

Ismail,

Respondent

Asharaff,

Excerpt

.....inter alia that in the circumstances stated in the a•davit ‚led along with the cmcp the high court be pleased to permit the petitioner in the civil miscellaneous case to ‚le the above regular first apeeal as an indigent person. € €€€this petition coming on for orders upon perusing the petition and the a•davit ‚led in support thereof and upon hearing the arguments of sri. p.k.sajeev, advocate for the petitioner and of m/s deepa k.radhakrishnan, k.r.arun krishnan, advocates for the respondents, the court passed the followingmary joseph, j.====================== cmcp no.32 of 2018 in ======================= dated this the 7h day of april, 2021orderin the report obtained from village officer, chiranellur village and forwarded to this court by tahsildar, taluk office, kunnamkulam, thrissur, it is stated that the petitioner has got property of 0.4715 hectors comprised in survey no.361. the property was obtained by him as per settlement deed no.295/2008 and it has market value of rs.5,00,000/- per 1 are. but as per the terms of settlement deed, the petitioner has no authority to transfer or collect income for the life period of his mother sainaba. therefore, it is reported that the petitioner cannot do anything independently with regard to the property of which mention is made in the report since his mother is alive. it is also reported that the petitioner and his wife are unemployed and the annual income of his family from all sources is only rs.1,20,000/-. the court fee, the petitioner ought to have been paid is rs.2,91,144/-. annual income cmcp no.32 of 201 in reported being deficient to meet the court fee payable in the suit, this court holds that the petitioner is unable to pay it.in the above circumstances, the petitioner is exempted from paying court fee and permitted to conduct the appeal as an indigent person. number the appeal and post for admission. sd/- mary joseph judge mjl /true copy/ sd/- assistant registrar

Full Judgment

CMCP 32/2018 1/3 €
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present: THE HONOURABLE MRS. JUSTICE MARY JOSEPH Wednesday,the 7th day of April 2021/17th Chaithra, 1943 CMCP No.32/2018 in RFA €OF 2018 OS No.237/2014 of the II ADDITIONAL SUB COURT,THRISSUR PETITIONER/PETITIONER ISMAIL,,AGED 52 YEARS S/O.RAYAMMARAKKAR VEETTIL MUHAMMED HAJI, MANALY DESOM, CHIRANELLUR VILLAGE, THALAPPILLY TALUK - 680 501. RESPONDENTS/RESPONDENTS 1.ASHARAFF,,AGED 56 YEARS S/O.MALIAKKAL KUNJUMUHAMMED, THOZHIYOOR DESOM, POOKODE AMSOM, CHAVAKKAD TALUK - 680 520. 2.SAINABA AGED 74 YEARS, W/O.RAYAMMARAKKAR VEETTIL MUHAMMED HAJI, MANALY DESOM, CHIRANELLUR VILLAGE, THALAPPILLY TALUK-680 501

€ €€€Civil Misc. Case(pauper) praying inter alia that in the circumstances stated in the a•davit ‚led along with the CMCP the High Court be pleased to permit the petitioner in the Civil Miscellaneous Case to ‚le the above Regular First Apeeal as an indigent person. € €€€This petition coming on for orders upon perusing the petition and the a•davit ‚led in support thereof and upon hearing the arguments of Sri. P.K.SAJEEV, Advocate for the petitioner and of M/S DEEPA K.RADHAKRISHNAN, K.R.ARUN KRISHNAN, Advocates for the respondents, the court passed the following

MARY JOSEPH, J.

====================== CMCP No.32 of 2018 in ======================= Dated this the 7h day of April, 2021

ORDER

In the report obtained from Village Officer, Chiranellur Village and forwarded to this Court by Tahsildar, Taluk Office, Kunnamkulam, Thrissur, it is stated that the petitioner has got property of 0.4715 Hectors comprised in Survey No.361. The property was obtained by him as per settlement deed No.295/2008 and it has market value of Rs.5,00,000/- per 1 Are. But as per the terms of settlement deed, the petitioner has no authority to transfer or collect income for the life period of his mother Sainaba. Therefore, it is reported that the petitioner cannot do anything independently with regard to the property of which mention is made in the report since his mother is alive. It is also reported that the petitioner and his wife are unemployed and the annual income of his family from all sources is only Rs.1,20,000/-. The Court Fee, the petitioner ought to have been paid is Rs.2,91,144/-. Annual income CMCP No.32 of 201 in reported being deficient to meet the Court Fee payable in the suit, this Court holds that the petitioner is unable to pay it.

In the above circumstances, the petitioner is exempted from paying Court Fee and permitted to conduct the Appeal as an indigent person. Number the Appeal and post for admission. Sd/- MARY JOSEPH JUDGE MJL /true copy/ Sd/- ASSISTANT REGISTRAR

Same Court & Year Kerala · 2021 Same Parties Ismail, vs Asharaff, Same Judge Honourable Mrs. Justice Mary Joseph