Execution of ex-parte decree stayed pending disposal of set-aside applications to avoid irreparable injury.

K. V. Jayakumar, J.

This Original Petition is filed seeking the following reliefs:

1. Call for the records relating to Exhibit P2 Execution Petition;

2. To stay all further proceedings in Exhibit P2 Execution Petition pending on the files of Learned Family Court, Alappuzha, till Exhibit P3 and P4 petitions filed to set aside the ex-parte decree and judgment and to condone the delay caused thereunder are considered and disposed on merits by the Learned Family Court, Alappuzha.

2. The petitioner herein is the judgment debtor in Execution Petition No. 94/2025 in OP (HMA) No. 600/2023, on the files of the Family Court, Alappuzha. The said OP was filed by the respondent seeking dissolution of marriage, return of gold ornaments or its market value and certain other reliefs.

3. The learned counsel for the petitioner submitted that OP(HMA) No.600/2023 and the connected matters, filed by the respondent herein, were decreed exparte by the Family Court, by judgment dated 04.10.2023. According to the petitioner, he was undergoing treatment in Amritha Hospital, Ernakulam and therefore, he could not appear before the Family Court.

4. Challenging Ext.P1 judgment, the petitioner has preferred Ext.P3 application for setting aside the exparte decree passed against him. The learned counsel submits that Exts. P3 and P4 applications have not so far considered by the Family Court, Alappuzha. In the meantime, the respondent has filed E.P.No. 94/2025 for the execution of the decree.

5. The learned counsel for the petitioner further submitted that, if the exparte decree passed against him is executed, irreparable injury will be caused to him.

6. Considering the facts and circumstances of the case, we deem it appropriate to dispose of the Original Petition with the following directions:

i. The Family Court, Alappuzha shall consider Exts. P3 and P4 applications submitted by the petitioner and shall pass appropriate orders in accordance with law, within two months from today after affording an opportunity of being heard to the parties.

ii. All further proceedings in E.P. No. 94 of 2025 shall be kept in abeyance till Exts.P3 and P4 applications are disposed of by the Family Court, Alappuzha.