THAYYL KAPPINTAVIDA KUNHABDULLA HAJI versus PUTHIYAKAMMAVEETTIL RASIYA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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THAYYL KAPPINTAVIDA KUNHABDULLA HAJI v. PUTHIYAKAMMAVEETTIL RASIYA - FAO No. 103 of 2007 [2007] RD-KL 13851 (23 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO No. 103 of 2007()

1. THAYYL KAPPINTAVIDA KUNHABDULLA HAJI,
... Petitioner

2. THAIKUTTY MEETHAL KATHEESA,

3. THAIKUTTY MEETHAL USMAN HAJI,

4. PONEMRIKANDIYIL THAMASIKKUM MADATHIL

Vs

1. PUTHIYAKAMMAVEETTIL RASIYA,
... Respondent

2. KADANKANDY ELIKKAL KHAIRUNNISSA,

For Petitioner :SRI.T.SETHUMADHAVAN

For Respondent :SRI.K.V.SOHAN

The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :23/07/2007

O R D E R

KURIAN JOSEPH & T.R. RAMACHANDRAN NAIR, JJ.

F.A.O. NO. 103 OF 2007

Dated this the 23rd day of July, 2007.

J U D G M E N T

Kurian Joseph, J.

This is an appeal filed against the order in I.A. No. 663/2006 in O.S. No. 33/2004 on the file of Sub Court, Koyilandy whereby the court appointed a receiver to manage the property.

2. Having extensively heard the parties, it appears, the appeal itself can be disposed of directing the trial court to expedite the trial and in the meanwhile there can be some arrangement with regard to the deposit of the rental income. Accordingly, there will be a direction to the appellants to deposit before the trial court an amount of Rs. 5,000/- each per month starting from the month of April 2007. The deposit shall be made before 10th of every month and the arrears shall be deposited within one month from today. The amount shall lie in deposit until the suit is disposed of. There will be a direction to the trial court to expedite the trial. If it is ultimately found that respondents are not entitled to the amount as deposited, the  F.A.O.103/07 2 same shall be released to the appellants and in which case, the respondents will liable to pay interest at the rate of 8% for the said deposit. In view of the arrangement as above, we set aside the order under appeal regarding the appointment of the receiver. KURIAN JOSEPH

JUDGE

T.R. RAMACHANDRAN NAIR

JUDGE

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