SHAFNA Vs. MOHAMMED AMJAD KHAN

JUDGEMENT

(1.) This Original Petition is filed under Article 227 of the Constitution of India challenging Ext.P9 order passed by the Family Court, Malappuram in I.A. No.1094/2017 in O.P. No.1310/2010 on the file of that court.

(2.) The petitioner filed O.P.No.1310/2010 before the Family Court, Malappuram against the respondents for granting a decree for return of gold ornaments which belonged to her or payment of their value and also for payment of past maintenance. The Family Court allowed O.P.No.1310/2010 in favour of the petitioner directing the respondents to pay past maintenance to her and her minor child and also the value of the gold ornaments to the tune of Rs. 18,63,000/-. The respondents challenged the judgment of the Family Court in Mat.Appeal No.271/2015 filed in this Court. They also filed an application as I.A.No.2551/2015 in the appeal for staying the operation of the judgment passed against them by the Family Court. On 29.07.2015, this Court passed Ext.P1 order in I.A.No.2551/2015 in Mat.Appeal No.271/2015 which is extracted below:

(3.) The first respondent deposited the amount towards past maintenance in the Family Court in compliance with the aforesaid order passed by this Court. However, the respondents did not furnish security for the balance decree amount as directed in the aforesaid order. But, they filed an application as I.A.No.3219/2017 before this Court to extend the time for complying with the condition regarding furnishing of security. On 109.2017, this Court passed Ext.P2 order in that application, which is extracted below: