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2017 Supreme(Online)(KER) 26873

HIGH COURT OF KERALA
A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ
ALIYAR – Appellant
Versus
SAMITHA    Advocate - T M RAMAN KARTHA, ,T M RAMAN KARTHA,SYAMA MOHAN – Respondent


JUDGMENT

K . Ramakrishnan , J This original petition has been filed by the petitioner seeking the intervention of this court to give direction to the Family Court, Ernakulam to expedite disposal of Exts.P1 and P2 applications till then, keep Ext.P3 application in abeyance under Article 227 of the Constitution of India.

2. It is alleged in the petition that, the respondent filed O.P.2105/2011 before the Family Court, Ernakulam for return of gold ornaments and past maintenance for herself and the child and an exparte decree was passed. Thereafter she filed Ext.P3 execution petition as E.P.50/2014 for execution of the order. Respondents entered appearance and filed Ext.P4 objection and only then he came to know about the exparte decree passed. So he filed Ext.P1 application as I.A.60/2015 along with Ext.P2 application as I.A.61/2015 to set aside the exparte decree along with delay condonation application. The court below without considering the application to set aside the exparte order proceeding with the execution petition. So the petitioner has no other remedy, except to approach this court, seeking the following reliefs:

i. To issue appropriate directions to the Family court, Ernakul

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