Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN MONDAY, THE4H DAY OF NOVEMBER201313TH KARTHIKA, 1935 OP (FC).No. 3774 of 2013 (R) ---------------------------------- (IN THE MATTER OF I.A.NO.457/12 AND IA NO.458/12 IN OS3682002 of FAMILY COURT, PALAKKAD ) PETITIONER(S): -------------------------- BAVADAS @ BABUDAS, S/O.KANDANKUTTY, AGED49YEARS KARIPPALKALAM, KALLEKKAD, PALAKKAD TALUK AND DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): ---------------------------- 1. JISHA, D/O.SUDEVAN,, AGED38YEARS GREEN VIEW, KATTIRAMKADU, KANNANUR POST ALATHUR TALUK, PALAKKAD DISTRICT.
2. UJVAL, S/O.BAVADAS @ BABUDAS, GREEN VIEW, KATTIRAMKADU, KANNANUR POST ALATHUR TALUK, PALAKKAD DISTRICT.
3. RUGMANI, W/O.LATE KANDANKUTTY, KARIPPALKALAM, KALLEKKAD, PALAKKAD TALUK AND DISTRICT. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON0411- 2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (FC).No. 3774 of 2013 (R) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE DECREE DATED31T DAY OF JULY, 2004 PASSED IN O.S NO.368/2002 ON THE FILE OF THE MUNSIFF COURT (ADDL.), PALAKKAD. EXT.P2: TRUE COPY OF I.A NO.457/2012 IN OS NO.368/2002 (MUNSIFF COURT, PALAKKAD), BEFORE THE FAMILYCOURT, PALAKKAD. EXT.P3: TRUE COPY OF I.A NO.458/2012 IN OS NO.368/2002 (MUNSIFF COURT, PALAKKAD), BEFORE THE FAMILYCOURT, PALAKKAD. EXT.P4: TRUE COPY OF THE ORDER
DATED2210/2013 IN E.A NO.415/2009 IN E.P NO.46/2005 IN O.S NO.368/2002 PASSED BY THE MUNSIFF COURT (PRL.), PALAKKAD. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //True Copy// PA TO JUDGE Rp ANTONY DOMINIC & P.D.RAJAN, JJ.
======================== O.P(FC) No. 3774 OF2013======================= Dated this the 4th day of November, 2013
JUDGMENT
Antony Dominic, J.
Petitioner has filed this petition complaining that during the pendency of IA Nos.457/12 and 458/12, applications to condone delay and to set aside the ex parte decree passed in OS No.368/2002 before the Family Court, Palakkad, the Execution Petition filed by respondents 1 and 2 seeking to execute the decree passed by the Court is being proceeded before the Civil Court and that his property is ordered to be delivered. Therefore, he has filed this original petition seeking to expedite orders in the IAs mentioned above and to direct that further proceedings in the Execution Petition be kept in abeyance.
2. On the filing of this OP, this Court called for a report from the Family Court, Palakkad and accordingly report dated 1/11/13 has been received, which reads thus; I.A4572012 and I.A.458/2012 in O.S.368/2002 (Munsiff Court, Palakkad) are filed to condone the delay for 2722 days and I.A. 458/12 to set aside the ex parte decree passed on 31/07/2004 against the 1st defendant. The suit was decreed ex parte by Munsiff Court, Palakkad and the above two applications were filed before this Court. Respondents filed counter in the O.P.(FC)No.3774/13 :
2. : above two petitions. Now the case stands posted to 13.11.13 for enquiry." 3. A reading of the report would therefore show that unless delay of 2722 days is condoned, the IA for setting aside the ex parte order cannot even be dealt with. Further, it is also revealed that in the IAs, objections have been filed and that the IAs are posted to 13/11/13 for enquiry.
4. In view of the facts thus disclosed from the report, we do not think that, at this stage, this Court will be justified in staying further proceedings before the Execution Court and on the other hand, what is now required is that the Family Court should consider the IAs in accordance with law. Since the IAs are also posted to 13/11/13, we close the original petition recording the same. Sd/- ANTONY DOMINIC, Judge Sd/- P.D.RAJAN, Judge Rp //True Copy// PA TO JUDGE