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2023 Supreme(Online)(KER) 6483

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
D. CHANDRALEKHA – Appellant
Versus
K.R. PRASAD – Respondent


Advocates:
T.P.DEYANANTHAN, S.KRISHNALAL, FIROZ K.M., M.SHAJNA

JUDGMENT

P.G. Ajithkumar, J.

The petitioner in this Original Petition filed under Article

227 of the Constitution of India is the decree holder in O.P. (HMA) No.1360 of 2013 on the files of the Family Court, Thiruvananthapuram. He seeks a direction to the Family Court to expedite the proceedings in E.P.No.55 of 2019, which was filed by the petitioner to execute the decree in O.P.(HMA)

No.1360 of 2013.

2. Pursuant to notice the respondent entered appearance through his learned counsel.

3. As per the order dated 29.11.2022, a report from the Family Court, Thiruvananthapuram about the present status of E.P.No.55 of 2019 and I.A.No.36 of 2022 in O.P.

(HMA) No.1360 of 2013 was called for.

4. In the report, the learned Judge, Family Court, Thiruvananthapuram would submit that in the execution petition steps for proclamation for sale of the property of the judgment debtor, who is the respondent herein, was initiated.

It is further submitted that I.A.No.36 of 2022 filed by the judgment debtor to set aside the exparte decree is pending. I.A.No.1 of 2022 was also filed for condoning the delay of 1504 days in filing I.A.No.36 of 2022. Those applications are pending consideration.

5. Heard the learne

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