Geetha Pillai vs Animol
2021 Latest Caselaw 3953 Ker

O.P.(FC).40/2021                   1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

                   THE HONOURABLE MR.JUSTICE C.S.DIAS

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                         OP (FC).No.40 OF 2021

    AGAINST THE ORDER/JUDGMENT IN OP 144/2013 OF FAMILY COURT,
                             CHAVARA


PETITIONER/S:

                GEETHA PILLAI,
                AGED 48 YEARS,
                D/O.RADHAMMA, UTHRADAM (KALLOOR VEEDU),
                PUTHUKKATTU MURI, CHAVARA VILLAGE.

                BY ADVS.
                SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
                SRI.A.R.DILEEP
                SRI.P.J.JOE PAUL
                SRI.MANU SRINATH

RESPONDENT/S:

       1        ANIMOL,
                AGED 46 YEARS,
                D/O.BHAVANI AMMA, THAZHATHU VEEDU, PULIYOORVANCHI
                THEKKU MURI, KALLELI BHAGAM VILLAGE,
                KARUNAGAPPALLY TALUK-690 519.

       2        GOPALAKRISHNA PILLAI,
                AGED 56 YEARS,
                S/O. RAGHAVAN PILLAI, KALLOOR VEEDU,
                PUTHUKKATTU MURI, CHAVARA VILLAGE-691 583.

                R1 BY ADV. SRI.B.KRISHNA MANI
                R1 BY ADV. SMT.DHANUJA M.S

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
     03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
     FOLLOWING:
 O.P.(FC).40/2021               2




                         JUDGMENT

Dated this the 3rd day of February, 2021 A.Muhamed Mustaque, J.

This original petition is filed seeking for expeditious

disposal of Ext.P7 application (E.A.No.85/20) in E.P.No.28/14

in O.P.No.144/13 on the file of the Family Court, Chavara.

We called for a report. As seen from the report, it is seen

that E.A.No.85/20 is pending. The above E.A is a claim

petition over the property attached for sale. It is appropriate

that the Family Court dispose of the E.A before taking a

decision on confirmation of sale.

In the light of the order issued above, notice to the

respondents is dispensed with.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

C.S.DIAS JUDGE DG

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF E.P.NO.28/14 IN O.P.NO.144/13 BEFORE THE FAMILY COURT, CHAVARA.

EXHIBIT P2 A TRUE COPY OF THE EXECUTION APPLICATION NO.38/14 FILED BY THE 1ST RESPONDENT UNDER ORDER 21 RULE 54 IN E.P.NO.28/14 IN O.P.NO.144/13 BEFORE THE FAMILY COURT, CHAVARA.

EXHIBIT P3 A TRUE COPY OF JUDGMENT DATED 11.6.2012 IN O.S.NO.66/12 ON THE FILE OF THE MUNSIFF'S COURT, KARUNAGAPPALLY.

EXHIBIT P4 A TRUE COPY OF PRELIMINARY DECREE IN O.S.NO.66/12 ON THE FILE OF THE MUNSIFF'S COURT, KARUNAGAPPALLY.

EXHIBIT P5 A TRUE COPY OF I.A.1/20 IN O.S.NO.66/12 ON THE FILE OF THE MUNSIFF'S COURT, KARUNAGAPPALLY.

EXHIBIT P6 A TRUE COPY OF NOTICE OF SALE.

EXHIBIT P7 A TRUE COPY OF E.A.NO.85/20 IN E.P.NO.28/14 IN O.P.NO.144/13 ON THE FILE OF THE FAMILY COURT, CHAVARA.

EXHIBIT P8 A TRUE COPY OF ORDER DATED 24.11.2020 IN E.P.NO.28/2014 IN O.P.144/13 ON THE FILE OF THE FAMILY COURT, CHAVARA.

EXHIBIT P9 A TRUE COPY OF E.A.NO.9/21 IN O.P.144/13 ON THE FILE OF THE FAMILY COURT, CHAVARA.