Jameela vs Hamsa
2021 Latest Caselaw 7231 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

         THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                         OP (FC).No.54 OF 2021

   IN EPNO.29/2019 IN OP 334/2011 OF FAMILY COURT, MALAPPURAM


PETITIONER/PETITIONER:

             JAMEELA
             AGED 50 YEARS
             D/O. ALAVI, AREEPPURAVAN PARAVAKKAL HOUSE, MELMURI,
             ADHIKARATHODI, MALAPPURAM DISTRICT

             BY ADVS.
             SHRI.P.VENUGOPAL
             SMT.T.J.MARIA GORETTI
             SMT.FERHA AZEEZ

RESPONDENT/RESPONDENT:

             HAMSA, AGED 60 YEARS
             S/O. MUHAMMED PATHAYAPURAKKAL HOUSE, KODUR P.O,
             MALAPPURAM DISTRICT PIN 676 504


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD              ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC).No.54/2021
                                            2




                                       JUDGMENT

Dated this the 2nd day of March 2021

A.MUHAMED MUSTAQUE, J.

This original petition was filed by the decree holder

in O.P.No.334/2011 on the files of the Family Court,

Malappuram. The decree holder filed E.P.No.29/2019 to

realise the decree amount. On account of the delay in

conclusion of the proceedings, the petitioner has

approached this Court.

2. When the matter was taken up on the last occasion,

this Court called for a report from the Family Court.

Though notice was ordered, no steps were taken. However,

taking note of the nature of the order being passed, we are

of the view that the notice can be dispensed with.

3. The report of the Family Court is on board. From

the report it is seen that due to lock down and subsequent

restrictions, the execution petition was adjourned and the

case was posted to 5.02.2021 for settlement of

proclamation.

4. It is appropriate that the Family Court make an

endeavour for an expeditious disposal of the execution

petition in a time bound manner. Taking note of the

circumstances, we are of the view that the Family Court O.P.(FC).No.54/2021

shall take every steps to conclude the proceedings in the

execution petition within a period of four months from the

date of receipt of a copy of the judgment. Petitioner

shall serve a copy of the judgment to the counsel appearing

for the judgment debtor before the Family Court.

The original petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                          Dr. KAUSER EDAPPAGATH

kp               True copy                        JUDGE
                      P.A. To Judge
 O.P.(FC).No.54/2021




                          APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1            TRUE COPY OF THE ORDER DATED 05-11-2014

PASSED BY THE FAMILY COURT, MALAPPURAM IN O.P NO 334/2011

EXHIBIT P2 TRUE COPY OF THE PETITION IN E.P NO.

29/2019 ON THE FILES OF THE FAMILY COURT, MALAPPURAM.