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2024 Supreme(Online)(KER) 23018

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, P.M. MANOJ, JJ
AJINAS HASSANKUTTY – Appellant
Versus
AFEENA SHAFEEK – Respondent


JUDGEMENT

The petitioners herein are respondents in O.P No.1543 of 2019 on the file of the Family Court, Mavelikkara.

They contend that an ex parte judgment has been passed by the Family Court on 24.04.2023. Only on receipt of notice of caveat that they came to know about the passing of the judgment.

It is contended that they have preferred Ext.P3 application before the Family Court to set aside the ex parte judgment and Ext.P4

application for condonation of delay of 6 days in filing the application. The grievance of the petitioners is that without passing orders in Exts.P3 and P4, the Execution Petition filed before the Family Court by the respondent is being proceeded with and they have been served with Ext.P7 proclamation of sale.

It is on these assertions that this Original Petition is filed seeking the following reliefs:

    i) Call for the records in E.P. No.1/2024 on the file of the Hon’ble Family Court, Thodupuzha and direct the Family Court, Thodupuzha to keep all further proceedings in E.P.No.1/2024 in abeyance till the disposal of the Exhibit P3 and P4 petitions pending before the Family Court, Mavelikkara in O.P. No.1543 of 2019

2. The learned counsel appearing for the respondent

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