Vivek Venugopal vs Mamitha
2021 Latest Caselaw 16407 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
                  THE HONOURABLE MR.JUSTICE K. BABU
         THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                           OP (FC) NO. 64 OF 2017
AGAINST THE ORDER/JUDGMENT IN OP 2211/2012 OF FAMILY COURT,THRISSUR,
                                THRISSUR
PETITIONER/S:

     1       DR.N.VIJAYAN
             AGED 87 YEARS, S/O. NARAYANAN, PRASANNA, INDIRAGANDHI
             ROAD, KOTTUVALLI VILLAGE, KOTTUVALLI DESOM, KOZHIKODE
             TALUK.
     2       RANI VENUGOPAL
             AGED 55 YEARS
             W/O. VENUGOPAL, THANDASSERY HOUSE, CHEMBUKKAVU
             VILLAGE, CHERUMUKKU DESOM, THRISSUR TALUK.
             BY ADVS.
             SRI.GRASHIOUS KURIAKOSE (SR.)
             SRI.GEORGE MATHEWS

RESPONDENT/S:

     1       MAMITHA
             AGED 40 YEARS, D/O. RAJENDRA BABU, AVEN VEETTIL,
             GANDHINAGAR, GURUVAYUR VILLAGE, GURUVAYOOR DESOM, PIN
             680 101.
     2       RAJESH VIJAYAN
             AGED 46 YEARS, S/O. DR.N.VIJAYAN, PRASANNA INDIRAGANDHI
             ROAD, KOTTUVALLI VILLAGE, KOTTUVALLI DESOM, KOZHIKODE
             TALUK PIN 673 572.
     3       DR.ROY VIJAYAN
             AGED 48 YEARS, S/O. DR.N.VIJAYAN, PRASANNA INDIRAGANDHI
             ROAD, KOTTUVALLI VILLAGE, KOTTUVALLI DESOM, KOZHIKODE
             TALUK PIN 673 572.
     4       VIVEK VENUGOPAL
             AGED 37 YEARS, S/O. VENUGOPAL, THANDASSERY HOUSE,
             CHEMBUKKAVU VILLAGE, CHERUMUKKU DESOM, THRISSUR
             TALUK, PIN 680 020.
                                       -: 2 :-
O.P. (FC) No. 64, 86 and 87 of 2017

                 BY ADVS.
                 SRI.N.U.HARIKRISHNA
                 SRI.PRANOY K.KOTTARAM
                 SRI.G.SREEKUMAR CHELUR


  THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 05.08.2021, ALONG
WITH OP FC 86 AND 87 OF 2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                               -: 3 :-
O.P. (FC) No. 64, 86 and 87 of 2017


                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
             THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                                &
                         THE HONOURABLE MR.JUSTICE K. BABU
           THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                                      OP (FC) NO. 86 OF 2017
AGAINST THE ORDER/JUDGMENT IN OP 140/2012 OF FAMILY COURT,THRISSUR,
                                           THRISSUR
PETITIONER/S:
       1         DR. N.VIJAYAN
                 AGED 87 YEARS, S/O. NARAYANAN, PRASANNA,INDIRAGANDHI
                 ROAD, KOTTUVALLI VILLAGE,KOTTUVALLI DESOM, KOZHIKODE
                 TALUK
       2         RANI VENUGOPAL
                 AGED 55 YEARS, W/O. VENUGOPAL, THANDASSERY
                 HOUSE,CHEMBUKKAVU VILLAGE, CHERUMUKKU DESOM,THRISSUR
                 TALUK
                BY ADVS.
                SRI.GRASHIOUS KURIAKOSE (SR.)
                SRI.GEORGE MATHEWS

RESPONDENT/S:
     1     MAMITHA
           AGED 40 YEARS, D/O. RAJENDRABABU, AVEN VEETTIL,
           GANDHINAGAR, GURUVAYUR VILLAGE, GURUVAYOOR DESOM,PIN
           680 101
       2         RAJESH VIJAYAN
                 AGED 46 YEARS, S/O. DR. VIJAYAN,PRASANNA, INDIRAGANDHI
                 ROAD, KOTTUVALLI VILLAGE,KOTTUVALLI DESOM, KOZHIKKODE
                 TALUK, PIN 673 572
       3         DR. ROY VIJAYAN
                 AGED 48 YEARS, S/O. DR. VIJAYAN, PRASANNA, INDIRAGANDHI
                 ROAD,KOTTUVALLI VILLAGE, KOTTUVALLI DESOM, KOZHIKODE
                 TALUK, PIN 673 572
                 BY ADV N.U.HARIKRISHNA
  THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 05.08.2021 ALONG
WITH OPFC 86/2017 AND 64 OF 2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                               -: 4 :-
O.P. (FC) No. 64, 86 and 87 of 2017

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
             THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                                &
                         THE HONOURABLE MR.JUSTICE K. BABU
           THURSDAY, THE 5th DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                                      OP (FC) NO. 87 OF 2017
AGAINST THE ORDER/JUDGMENT IN OP 2211/2012 OF FAMILY COURT,THRISSUR,
                                           THRISSUR
PETITIONER/S:

                 VIVEK VENUGOPAL
                 AGED 37 YEARS
                 AGED 37, S/O.VENUGOPAL, THANDASSERY HOUSE,CHEMBUKKAVU
                 VILLAGE, CHERUMUKKU DESOM,THRISSUR TALUK.
                 BY ADVS.
                 SRI.GRASHIOUS KURIAKOSE (SR.)
                 SRI.GEORGE MATHEWS


RESPONDENT/S:

       1        MAMITHA,
                AGED 40 YEARS,
                D/O.RAJENDRABABU,AVEN VEETTIL, GANDHINAGAR, GURUVAYUR
                VILLAGE,GURUVAYOOR DESOM, PIN 680101.
       2        RAJESH VIJAYAN
                AGED 46 YEARS
                S/O.DR.VIJAYAN, PRASANNA INDIRAGANDHI ROAD,KOTTUVALLI
                VILLAGE, KOTTUVALLI DESOM,KOZHIKODE TALUK, PIN 673572.
       3        DR.ROY VIJAYAN,
                AGED 48 YEARS
                S/O.DR.VIJAYAN, PRASANNA, INDIRAGANDHI ROAD,KOTTUVALLI
                VILLAGE, KOTTUVALLI DESOM,KOZHIKODE TALUK, PIN 673572.
       4        DR.N.VIJAYAN
                AGED 89 YEARS
                S/O.NARAYANAN, 'PRASANNA, INDIRAGANDHI ROAD, KOTTUVALLI
                VILLAGE, KOTTUVALLI DESOM, KOZHIKODE TALUK,PIN - 673572.
                                       -: 5 :-
O.P. (FC) No. 64, 86 and 87 of 2017

       5        RANI VENUGOPAL
                AGED 55 YEARS, W/O.VENUGOPAL,THANDASSERY HOUSE,
                CHEMBUKKAVU VILLAGE,CHERUMUKKU DESOM, THRISSUR
                TALUK,PIN 680020.
                 BY ADVS.
                 N.U.HARIKRISHNA
                 SRI.PRANOY K.KOTTARAM


  THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 05.08.2021,
ALONG WITH OP FC 86 OF 2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                -: 6 :-
O.P. (FC) No. 64, 86 and 87 of 2017




                     O.P. (FC) Nos. 64, 86 and 87 of 2017
                        .....................................................
                    Dated this the 5th day of August 2021


                                        Judgment

A. Muhamed Mustaque,J.

These original petitions are filed as the petitioners failed to pay the cost in setting aside the ex parte decree against them within time. Their application to extend the time for payment of cost was also disallowed.. The petitioners are senior citizens.

2. The learned Senior Counsel fervently made plea before us to bestow sympathy on them to allow to contest on payment of costs, as this Court deems it fit. The main concern of the respondents is in regard to the delay involved in this matter. According to them, from 2012 onwards the matter is being protracted for one or the other reasons and the petitioners are making use of the same to deprive the respondents from enjoying the ultimate fruits of the decree to be passed in the matter. Anyway, after adverting to the circumstances of the case, we are of the view that on payment cost of Rs.20,000/-

O.P. (FC) No. 64, 86 and 87 of 2017

each in all these cases, within a period of two weeks from today, the application for setting aside the ex parte decree stands allowed. Cost shall be paid through the counsel appearing for the respondents before this Court.

On payment of costs, the ex parte decree as against the petitioners would stand set aside. The parties are directed to appear before the Family Court on 25-08-2021. Thereafter, the Family Court shall dispose of the matter within four months, taking note of the fact that the Original Petition is of the year 2012. We make it clear that the the ex parte decree as against the petitioners alone is ordered to be set aside and not against others who were also set ex parte and are not before us.

The Original Petitions (FC) are disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE

Sd/- K. BABU, JUDGE ms/ani

O.P. (FC) No. 64, 86 and 87 of 2017

APPENDIX OF OP (FC) 64/2017

PETITIONER EXHIBITS EXHIBIT P1. COPY OF THE ORIGINAL PETITION NO.2211/2012 BEFORE THE HONOURABLE FAMILY COURT, THRISSUR. EXHIBIT P2. COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ORIGINAL PETITION NO. 2211 OF 2012 BEFORE THE HONOURABLE FAMILY COURT, THRISSUR. EXHIBIT P3. COPY OF THE ORDER DATED 16.5.15 IN OP 2211/2012 OF THE FAMILY COURT THRISSUR.

EXHIBIT P4. COPY OF THE AFFIDAVIT AND PETITION IN IA 5623/2015 FILED BY THE PETITIONERS.

EXHIBIT P5. COPY OF THE ORDER DATED 13.4.16 IN IA 5623/2015 IN OP NO.2211/2012 OF THE FAMILY COURT, THRISSUR. EXHIBIT P6. COPY OF THE MEDICAL CERTIFICATE DATED 10.12.16 ISSUED BY DR.C.G.SETHUMADHAVAN INDICATING THE PHYSICAL CONDITION OF THE IST PETITIONER.

EXHIBIT P7. COPY OF THE ORDER DATED 9.5.16 IN IA 2010/2016 IN OP 2211/2012 OF THE FAMILY COURT, THRISSUR. EXHIBIT P8. COPY OF THE AFFIDAVIT AND PETITION IN IA 3043/2016 BEFORE THE FAMILY COURT, THRISSUR.

EXHIBIT P8[A]. COPY OF THE AFFIDAVIT AND PETITION IN IA 3044/2016 BEFORE THE FAMILY COURT, THRISSUR.

EXHIBIT P8[B]. COPY OF THE AFFIDAVIT AND PETITION IN IA 3045/2016 BEFORE THE FAMILY COURT, THRISSUR.

EXHIBIT P9. COPY OF THE ORDER DATED 19.10.16 IN IA 3045/2016, 3044/2016, 3043/2016, 3037/16, 3039/16, 3038/16 IN OP 2211/12 OF THE FAMILY COURT, THRISSUR.

O.P. (FC) No. 64, 86 and 87 of 2017

APPENDIX OF OP (FC) 86/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION NO 140 OF 2012 BEFORE THE HON'BLE FAMILY COURT, THRISSUR EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ORIGINAL PETITION NO 140 OF 2012 BEFORE THE HON'BLE FAMILY COURT, THRISSUR EXHIBIT P3 TRUE COPY OF THE ORDER DATED 16-05-2015 IN O.P NO 140/2012 OF THE FAMILY COURT EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A NO 5626/2015 FILED BY THE PETITIONERS EXHIBIT P5 TRUE COPY OF THE ORDER DATED 13-04-2016 IN I.A NO 5626/2015 IN O.P NO 140/2012 OF THE FAMILY COURT, THRISUR EXHIBIT P6 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 10-

12-2016 ISSUED BY DR. C.G SETHUMADHAVAN INDICATING THE PHYSICAL CONDITION OF THE 1ST PETITIONER EXHIBIT P7 TRUE COPY OF THE ORDER DATED 09-05-2016 IN I.A NO 5626/2016 IN O.P NO 140/2012 OF THE FAMILY COURT, THRISUR EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A NO 3040/2016 BEFORE THE HON'BLE FAMILY COURT, THRISSUR EXHIBIT P8(A) TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A NO 3041/16 BEFORE THE HON'BE FAMILY COURT, THRISUR EXHIBIT P8(B) TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A NO 3042/2016 BEFORE THE HON'BLE FAMILY COURT, THRISSUR EXHIBIT P9 TRUE COPY OF THE ORDER DATED 19-10-2016 IN I.A NOS 3040/216,3041/16,3042/16,IN O.P NO 140/2012 OF THE FAMILY COURT, THRISSUR

O.P. (FC) No. 64, 86 and 87 of 2017

APPENDIX OF OP (FC) 87/2017

PETITIONER EXHIBITS EXHIBIT-P1: TRUE COPY OF THE ORIGINAL PETITION NO.2211/2012 BEFORE THE HON'BLE FAMILY COURT, THRISSUR.

EXHIBIT-P2: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ORIGINAL PETITION NO.2211 OF 2012 BEFORE THE HON'BLE FAMILY COURT, THRISSUR.

EXHIBIT-P3: TRUE COPY OF THE ORDER DATED 16.5.2015 IN O.P.NO.2211/2012 OF THE FAMILY COURT. EXHIBIT-P4: TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.5632/2015 FILED BY THE PETITIONER. EXHIBIT-P5: TRUE COPY OF THE ORDER DATED 13.4.2016 IN I.A.NO.5632/2015 IN O.P.NO.2211/2012 OF THE FAMILY COURT, THRISSUR.

EXHIBIT-P6: TRUE COPY OF THE ORDER 09.05.2016 IN I.A.NO.2009/2016 IN O.P.NO.2211/2012 OF THE FAMILY COURT, THRISSUR.

EXHIBIT-P7: TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.3037/2016 BEFORE THE HON'BLE FAMILY COURT, THRISSUR.

EXHIBIT-P7(A): TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.3038/16 BEFORE THE HON'BLE FAMILY COURT, THRISSUR.

EXHIBIT-P7(B): TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.3039/2016 BEFORE THE HON'BLE FAMILY COURT, THRISSUR.

EXHIBIT-P8: TRUE COPY OF THE ORDER DATED 19.10.2016 IN I.A.NOS.3045/2016, 3044/16, 3037/16, 3039/16, 3038/16 IN O.P.NO.2211/2012 OF THE FAMILY COURT, THRISSUR.