Kerala High Court
T.P.Muhammedali vs T.P.Jameela on 22 February, 2019
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SATHISH NINAN
FRIDAY, THE 22ND DAY OF FEBRUARY 2019/3RD PHALGUNA, 1940
O.P.(C)No.254 of 2019
(AGAINST THE ORDER IN I.A.Nos.1762/2017 & 1763/2017
IN A.S.No.69/2017 OF SUB COURT, TIRUR &
AGAINST THE JUDGMENT IN O.S.No.226/2011
OF MUNSIFF COURT, PARAPPANANGADI)
PETITIONER:
T.P.MUHAMMEDALI, AGED 55 YEARS,
S/O.MOIDEENKUTTY, THENHIPALAM AMSOM DESOM,
TIRURANGADI TALUK, MALAPPURAM DISTRICT.
BY ADVS.
SRI.JAMSHEED HAFIZ
SMT.T.S.SREEKUTTY
RESPONDENTS:
1 T.P.JAMEELA, AGED 53 YEARS,
D/O.MOIDEENKUTTY, THENHIPALAM AMSOM DESOM,
PIN - 673 636, TIRURANGADI TALUK,
MAAPPURAM DISTRICT.
2 T.P.BEEPATHIMA, AGED 51 YEARS,
D/O.MOIDEENKUTTY, THENHIPALAM AMSOM DESOM,
PIN 673 636, TIRURANGADI TALUK,
MALAPPURAM DISTRICT.
3 T.P.KHAMARUNNISSA, AGED 49 YEARS,
D/O.MOIDEENKUTTY, THENHIPALAM AMSOM DESOM,
PIN- 673 636, TIRURANGADI TALUK,
MALAPPURAM DISTRICT.
4 T.P.ABIDHA, AGED 40 YEARS,
D/O.MOIDEENKUTTY, THENHIPALAM AMSOM DESOM,
PIN - 673 636, TIRURANGADI TALUK,
MALAPPURAM DISTRICT.
5 T.P.ASHRAF, AGED 38 YEARS,
D/O.MOIDEENKUTTY, THENHIPALAM AMSOM DESOM,
O.P.(C)No.254 of 2019
2
PIN - 673 636, TIRURANGADI TALUK,
MALAPPURAM DISTRICT.
6 T.P.THASNI, AGED 19 YEARS,
D/O.MOIDEENKUTTY, THENHIPALAM AMSOM DESOM,
PIN - 673 636, TIRURANGADI TALUK,
MALAPPURAM DISTRICT.
7 HAVVA UMMA, AGED 75 YEARS,
W/O.MOIDEENKUTTY, THENHIPALAM AMSOM DESOM,
PIN - 673 636, TIRURANGADI TALUK,
MALAPPURAM DISTRICT.
BY ADV. SRI.K.P.SHEREEF
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
O.P.(C)No.254 of 2019
3
JUDGMENT
The petitioner is the appellant in A.S.No.69/2017. Therein, he assails the ex parte final decree, in a suit for partition. The appeal is accompanied by an application as I.A.No.1762/2017, seeking to condone the delay of 425 days in filing the appeal.
The grievance of the petitioner is that, pending consideration of the appeal, in execution of the final decree the property is delivered and the property is being dealt with by the allottees. He apprehends alienation of the asset.
Respondents 1, 2 and 4 entered appearance through counsel. Heard.
Without expressing anything on merits, I direct the Sub Judge, Tirur to consider and pass appropriate orders on the application, I.A.No.1762/2017 as expeditiously as O.P.(C)No.254 of 2019 4 possible and at any rate before the court closes for summer vacation, 2019. In the meanwhile, parties shall maintain status quo as on today in respect of the suit properties.
The original petition is disposed of accordingly.
Sd/-
SATHISH NINAN JUDGE ss O.P.(C)No.254 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE FINAL DECREE IN I.A.2481/2012 IN O.S.226/2011 BEFORE THE MUNSIFF COURT, PARAPPANANGADI DATED 29/01/2015.
EXHIBIT P2 A TRUE COPY OF THE DELAY PETITION I.A.1762/2017 IN A.S.69/2017 BEFORE THE SUB COURT TIRUR DATED 16/12/2017.
EXHIBIT P3 A TRUE COPY OF THE DIRECTION PETITION I.A.1763/2017 IN A.S.69/2017 BEFORE THE SUB COURT TIRUR DATED 16/12/2017.
EXHIBIT P4 A TRUE COPY OF THE COUNTER FILED BY THE RESPONDENTS IN A.S.69/2017 BEFORE THE SUB COURT TIRUR DATED 07/12/2018.