James vs Little Flower
2021 Latest Caselaw 4714 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                              &

              THE HONOURABLE MR.JUSTICE C.S.DIAS

TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                    OP (FC).No.94 OF 2021

   AGAINST THE ORDER/JUDGMENT IN OP 620/2017 OF FAMILY
                     COURT, CHAVARA


PETITIONERS:

     1        JAMES, AGED 43 YEARS, S/O. DAVID, RESIDING AT
              SILVI NIVAS, PAVITHRAM NAGAR 230,
              VADAKKUMBHAGOM, ERAVIPURAM VILLAGE, KOLLAM-691
              011.

     2        REETTA DAVID, AGED 60 YEARS, W/O. DAVID,
              RESIDING AT SILVI NIVAS, PAVITHRAM NAGAR 230,
              VADAKKUMBHAGOM, ERAVIPURAM VILLAGE, KOLLAM-691
              011

              BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)

RESPONDENT:

              LITTLE FLOWER, AGED 38 YEARS, D/O. DAMACIOUS,
              UPPAN VILAYIL , CHAVARA SOUTH, THEKKUMBHAGOM
              VILLAGE, KARUNAGAPPALLY P.O, KOLLAM-690 518


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.94 OF 2021

                              ..2..




                          JUDGMENT

Dated this the 9th day of February 2021

A.Muhamed Mustaque, J

The petitioner was set ex-parte in O.P. No. 620 of

2017 on the file of the Family Court, Chavara. An ex-

parte decree has been passed. Execution petition is

pending. Petitioner filed an application to set aside

the ex-parte decree along with an application to

condone the delay. Both applications are pending. It

is appropriate to direct the Family Court to pass an

order on those applications within a period of one

month.

Ordered accordingly.

Till the disposal of the applications as above, OP (FC).No.94 OF 2021

..3..

execution proceedings shall be kept in abeyance.

In the light of the nature of directions issued, we

dispense with notice to the respondent.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.94 OF 2021

..4..

APPENDIX PETITIONERS EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN OP 620 /2017 FILED BY THE RESPONDENTS.

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN OP 620/2017 DATED 23RD OCTOBER 2019.

EXHIBIT P3 THE TRUE COPY OF THE PETITION FILED TO SET ASIDE THE EX-PARTY JUDGMENT BEFORE THE FAMILY COURT, NUMBERED AS IA 1/2020 DATED 30.12.2020.

EXHIBIT P4 THE TRUE COPY OF THE DELAY PETITION FILED BEFORE THE HON'BLE FAMILY COURT, NUMBERED AS IA 2/2020 DATED 30.12.2020 FOR CONDONATION OF DELAY.

EXHIBIT P5 THE TRUE COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENT DATED 31.12.2020.