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2022 Supreme(Online)(KER) 25146
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944 OP (FC) NO. 317 OF 2022 AGAINST THE ORDER/JUDGMENT IN OP 1031/2014 OF FAMILY COURT,TRIVANDRUM PETITIONER:
MOHANAKUMAR K., AGED 59 YEARS, SON OF KUMARA PILLAI, VRINDAVANAM, PANAVILA, KANNANAGAM JUNCTION, KOLLAMKODU P.O., KANYAKUMARI DISTRICT, TAMIL NADU, PIN – 629 702 BY ADV RAJESH P.NAIR RESPONDENTS:
1 USHAKUMARI. B., DAUGHTER OF BHARATHI AMMA, KALA BHAVAN, MNRA-1, TC. 50 / 39-1, KALADY, KARAMA P.O., THIRUVANANTHAPURAM, PIN – 695 002
2 KEERTHANA MOHAN, DAUGHTER OF USHA KUMARI, KALA BHAVAN, MNRA-1, TC. 50 / 39-1, KALADY, KARAMA P.O., THIRUVANANTHAPURAM, PIN – 695 002 THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
A. Muhamed Mustaque, J The petitioner was set ex-parte in O.P No.1031 of
2014 on the file of the Family Court, Thiruvananthapuram. Consequent upon setting ex- parte, the petitioner filed application to set aside the ex-parte decree along with an application to condone the delay of about 530 days in filing the application to set aside the ex-parte decree. These applications are pending.
2. In the meanwhile, the respondent filed execution petition. It appears that the execution petition has been transferred to District & Sessions Court, Kanyakumari.
3. Having considered the facts and circumstances, we are of the view that this original petition can be disposed of with the following directions and dispensing notice to the respondent:
(i) There shall be a direction to the Family Court, Thiruvananthapuram or the Family Court holding charge of the Family Court, Thiruvananthapuram, to take up the application to condone the delay and to set aside the ex-parte decree within a period of six weeks.
(ii) Respondents are restrained from proceeding with the execution petition till the conclusion of the proceedings to set aside the ex-parte decree. (iii) The petitioner shall serve a copy of this order on the learned counsel appearing for the respondent before the Family Court, Thiruvananthapuram or the District & Sessions Court, Kanyakumari and produce acknowledgment before the registry of the Family Court, Thiruvananthapuram. (iv) We, in such circumstances, also direct the Family Court, in charge of Family Court, Thiruvananthapuram, to prepone the hearing of the case to 1.07.2022.
(v) We direct the registry of the Family Court, Thiruvanathapuram to inform the counsel appearing for the respondents regarding the rescheduling of the hearing date.
Sd/-
A.MUHAMED MUSTAQUE
Sd/-
SOPHY THOMAS JUDGE PR APPENDIX OF OP (FC) 317/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED
30.07.2018 IN O.P. NO.1031/2014 PASSED BY THE FAMILY COURT, THIRUVANANTHAPURAM Exhibit P2 TRUE COPY OF THE SAID I.A. NO.631/2020 DATED 12.02.2020 IN O.P. NO.1031/2014 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM Exhibit P3 TRUE COPY OF THE SAID I.A.
NO.631(A)/2020 DATED 12.02.2020 IN O.P. NO.1031/2014 FILED BY THE PETITIONER ON THE FILES OF FAMILY COURT, THIRUVANANTHAPURAM Exhibit P4 TRUE COPY OF THE OBJECTION DATED
8.07.2021, AGAINST EXHIBIT-P2 I.A.
NO.631/2020 FILED BY THE 1ST RESPONDENT ON THE FILES OF FAMILY COURT, THIRUVANANTHAPURAM Exhibit P5 TRUE COPY OF THE OBJECTION DATED
8.7.2021 AGAINST EXHIBIT-P3 I.A.
NO.631(A)/2020 FILED BY THE 1ST RESPONDENT ON THE FILES OF FAMILY COURT, THIRUVANANTHAPURAM Exhibit P6 TRUE COPY OF THE E.P. NO.07/2020 IN O.P. NO.1031/2014 FILED BY THE RESPONDENTS ON THE FILE OF DISTRICT AND SESSIONS COURT, KANYAKUMARI AND NAGARCOIL Exhibit P7 TRUE COPY OF THE I.A. NO.1/2021 DATED
17.09.2021 IN O.P. NO.1031/2014 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM Exhibit P8 TRUE COPY OF THE I.A. NO.1/2022 IN O.P. NO.1031/2014 ON THE FILES OF FAMILY COURT, THIRUVANANTHAPURAM DATED
05.01.2022 Exhibit P9 TRUE COPY OF THE I.A. NO.2/2022 IN O.P. NO.1031/2014 ON THE FILES OF FAMILY COURT, THIRUVANANTHAPURAM
