Citation : 2021 Latest Caselaw 15080 Ker
Judgement Date : 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
OP (FC) NO. 55 OF 2021
AGAINST THE JUDGMENT DATED 6.3.2019 IN OP(OTHERS) 1344/2018
OF FAMILY COURT, MAVELIKKARA
PETITIONER/DECREE HOLDER:
RESHMI PANKAJAKSHAN, AGED 39 YEARS, D/O.
PAMKAJAKSHAN, PALAMOOTTIL VEEDU, MELPPADOM (P.O)
VISHAVARSSERKARA MURI, KURATTISSERIL VILLAGE,
CHENGANNUR TALUK, ALAPPUZHA 689 627
BY ADV K.RAJESH KANNAN
RESPONDENT/JUDGMENT DEBTOR:
PRADEEP.M.C
S/O. CHANDRANGADAN, MALAYUDE MELATHATHIL,
AREEKKARA MURI, AREEKKARA (PO) ALAPPUZHA 689 505
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(FC).No.55/2021
-:2:-
J U D G M E N T
Dated this the 16th day of July, 2021
A.Muhamed Mustaque,J.
The petitioner is the decree holder in
O.P.No.1344/2018 on the files of the Family Court,
Mavelikkara. The petitioner has approached this Court
complaining the delay in concluding the execution
proceedings.
2. This Court has called for a report from the
Family Court. The report is on board. As seen from
the report of the Presiding Officer, the petitioner
filed E.P.No.62/2019 for execution. The notice was not
served on the judgment debtor. Thereafter, the
petitioner was directed to take steps on 3.1.2020.
However, the petitioner did not take steps. The
Presiding Officer reported that on account of the
restricted cause list, there was no posting of the case
from 1.4.2020 till 6.2.2021.
3. If the petitioner takes steps and on O.P.(FC).No.55/2021
completion of service, the entire execution proceedings
shall be cleared within three months thereon.
The original petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE JUDGE sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To judge
O.P.(FC).No.55/2021
APPENDIX
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 6/3/2019
IN O.P 1344/2018 ON THE FAMILY COURT, MAVELIKKARA
EXHIBIT P2 TRUE COPY OF THE DECREE DATED 6-3-2019 IN OP(OTHERS) 1344/2018 ON THE FILE OF THE FAMILY COURT, MAVELIKKARA
EXHIBIT P3 TRUE COPY OF THE E.P NO. 62/2019 IN O.P(OTHERS) NO. 1344/2018 ON THE FILE OF THE FAMILY COURT, MAVELIKKARA.
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