OP(CRL.) NO. 232 OF 2025 1 2025:KER:30572 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 OP(CRL.) NO. 232 OF 2025 AGAINST THE ORDER/JUDGMENT IN MC NO.123 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I ,PARAPPANANGADI PETITIONER/RESPONDENT: RAJESH. T.K AGED 48 YEARS S/O BALANT. K , BARATHI, BALUSSERY. P.O., QUILANDY TALUK, KOZHIKODE, PIN - 676312 BY ADVS. NIRMAL.S VEENA HARI KEERTHY JOHNSON MINTU JOSE GINI GEORGE AISHWARYA SHIVAKUMAR RESPONDENTS/PETITIONERS: 1 BINCY.M AGED 44 YEARS D/O GOKULAPALAN.M, MUNDEKKAT HOUSE, KALARIPADI, TANUR.P O , RAYIRIMANGALAM, PARIYPURAM VILLAGE, TIRUR TALUK MALAPPURAM, PIN - 676302 2 ADWAITHA BARATHI AGED 16 YEARS OP(CRL.) NO. 232 OF 2025 2 2025:KER:30572 D/O RAJESH.T.K (MINOR), MUNDEKKAT HOUSE, KALARIPADI, TANUR.P O , RAYIRIMANGALAM, PARIYPURAM VILLAGE, TIRUR TALUK MALAPPURAM [REPRESENTED THROUGH GUARDIAN MOTHER]., PIN - 676302 3 AKARSH BARATHI AGED 14 YEARS S/O RAJESH (MINOR), MUNDEKKAT HOUSE, KALARIPADI, TANUR.P O , RAYIRIMANGALAM, PARIYPURAM VILLAGE, TIRUR TALUK MALAPPURAM [REPRESENTED THROUGH GUARDIAN MOTHER]., PIN - 676302 OTHER PRESENT: SRI. E.C. BINEESH (PP) THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CRL.) NO. 232 OF 2025 3 2025:KER:30572 C. JAYACHANDRAN, J. ------------------------------------ OP(CRL.) NO. 232 OF 2025 ------------------------------------ Dated, this the 7th day of April, 2025 JUDGMENT The petitioner is the respondent in M.C.No.123/2024 of the Judicial First Class Magistrate Court-I, Parappanangadi. In the M.C. preferred by the respondents, an interim order has been passed restraining the petitioner from alienating his share in the properties scheduled in the M.C, wherein, the respondents would claim a right of residence, as a shared house-hold. It is the petitioner’s case that he was issued with Ext.P4 notice in respect of a loan availed on the strength of the scheduled properties, being offered as security. In order to repay the loan, the petitioner is in need of selling a portion of the scheduled property, which is not comprised of the residential building, thus not affecting the shared house-hold of the respondents. Petitioner has filed C.M.P.No.660/2025 seeking to vacate OP(CRL.) NO. 232 OF 2025 4 2025:KER:30572 the interim order, which restrains alienation. The short prayer of the petitioner is an early disposal of the said C.M.P.No.660/2025. Having regard to the minimal relief sought for, notice to the respondents are dispensed with. There will be a direction to the Judicial First Class Magistrate Court-I, Parappanangadi to hear and dispose of C.M.P.No.660/2025 as expeditiously possible, preferably within a period of one month from the date of receipt of a copy of this judgment. This OP(Crl) is disposed as above. Sd/- C. JAYACHANDRAN JUDGE ska OP(CRL.) NO. 232 OF 2025 5 2025:KER:30572 APPENDIX OF OP(CRL.) 232/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF MC 123/2024 DATED 14/10/2024 Exhibit P2 TRUE COPY OF THE CMP 2922/2024 IN MC 123/2024 DATED 14/10/2024 Exhibit P3 TRUE COPY OF THE ORDER IN CMP 2922/2024 IN MC 123/2024 DATED 15/10/2024 Exhibit P4 TRUE COPY OF THE LAWYER NOTICE DATED 15/03/2025 ALONG WITH ITS TYPED COPY Exhibit P5 TRUE COPY OF THE CMP 660/2025, IN CMP 2922/2024 IN MC 123/2024 DATED 18/03/2025 OF THE JFCM-I, PARAPPANANGADI Exhibit P6 TRUE COPY OF THE COUNTER STATEMENT CMP 660/2025, IN CMP 2922/2024 IN MC.123/2024