Arun vs Arun
2021 Latest Caselaw 8872 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                 &

         THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                      OP (FC).No.251 OF 2020

AGAINST THE ORDER DATED 2.3.2020 IN EP6/19 IN OP(RM) 390/2016 OF
                    FAMILY COURT, KATTAPPANA


PETITIONER/JUDGMENT DEBTOR/RESPONDENT:

             ARUN,
             AGED 36 YEARS
             S/O. LATE V.S RAVEENDRAN,.VELLAPPALLIL HOUSE
             SPRINGVALLY P.O, PERIYAR VILLAGE, PEERMADE THALUK,
             IDUKKI DISTRICT

             BY ADV. SRI.K.S.ARUNDAS

RESPONDENT/DECREE HOLDER/PETITIONER:

             LIJA MOL,
             AGED 32 YEARS
             D/O. SATHYAVREDHAN, SREEJA BHAVAN, BALAGRAM PO,
             BALAGRAM KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA
             THALUK, IDUKKI DISTRICT PIN 685 552

              BY ADV. SRI.MADHU RADHAKRISHNAN

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 17-03-2021
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC).No.251/2020
                                          2




                                   JUDGMENT

Dated this the 17th day of March 2021

A.MUHAMED MUSTAQUE, J

This original petition has been filed challenging the

order of arrest in execution of a compromise decree. The

petitioner is the judgment debtor. As per the decree, he is liable to pay Rs.17,50,000/- (Rupees seventeen lakhs

fifty thousand) to the decree holder on or before

31.5.2018. Since he failed to pay the same, the execution

petition was filed.

2. Warrant of arrest was issued on 3.4.2020.

Challenging the same, this original petition has been

filed. This original petition is pending before this Court

from 23.7.2020. The petitioner had only paid

Rs.1,50,000/-. This Court on 30.7.2020 passed the

following order:

"At the request of Adv.Madhu Radhakrishnan post on 13.08.2020. He opposes consideration of the prayer including grant of stay of further proceedingsin E.P.No.6/2019.

We have perused the record and having regard to peculiar circumstances, there shall be interim stay of further proceedings in E.P No.6/2019, subject to petitioner depositing O.P.(FC).No.251/2020

Rs.6,00,000 (Rupees Six lakhs only) on or before 12.08.2020. The petitioner commits default in complying with the said condition, without reference to Court for further order,it is made clear that the interim order stands vacated."

3. It is submitted that the petitioner could not

comply with the above order. We will not be justified in

interfering with the order passed by the Family Court.

However, we are of the view that if the petitioner pays

Rs.6,00,000/- on or before 15.4.2021, the Family Court

shall give him five months' time from that date to

discharge the entire liability. However, it is made clear

that if the petitioner fails to adhere to the condition as

above, the Family Court can pass orders to execute the

decree.

The O.P.(FC) is disposed as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR. KAUSER EDAPPAGATH

kp JUDGE O.P.(FC).No.251/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORIGINAL PETITION OP(RM) 390/2016 ON THE FILE OF FAMILY COURT, KATTAPPANA

EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 07-12-2017 IN OP(RM) 390/2016

EXHIBIT P3 A TRUE COPY OF THE PETITION NO IA 1/2020 IN EP6/2019 DATED 06-01-2020

EXHIBIT P4 CERTIFIED COPY OF ORDER DATED 02-03-2020 DISMISSING EXHIBIT P3

EXHIBIT P5 CERTIFIED COPY OF ORDER DATED 02-03-2020 ALLOWING EP 6/2019 IN OP(RM) 390/2016