Sany Thomas vs Sneha Anna Babu
2021 Latest Caselaw 8874 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.533 OF 2020

  EARLY DISPOSAL OF IA.NOS.1/2020 & 2/2020 IN OPDIV 1317/2019 OF
                  FAMILY COURT, PATHANAMTHITTA


PETITIONER:

              SANY THOMAS
              AGED 33 YEARS
              S/O. THOMAS GEORGE, MANNOOR SANI BHAVAN, AKOMKUDI
              P.O., PALLIPPAD, ALAPPUZHA.

              BY ADVS.
              SRI.R.SUNIL KUMAR
              SMT.A.SALINI LAL
              SHRI.ARUN KRISHNA

RESPONDENT/PETITIONER/RESPONDENT:

              SNEHA ANNA BABU
              AGED 29 YEARS
              D/O. C.S.BAU, CHOORATHALACKAL VEEDU, MALAYALAPUZHA
              ERAM P.O., KONNI-689 691.


     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.533/2020                     2

                                     JUDGMENT

Dated this the 17th day of March 2021

A.MUHAMED MUSTAQUE, J This original petition has been filed seeking early

disposal of the petition filed to set aside the ex-parte

decree along with an application to condone the delay in

filing the said petition.

2. This Court passed the following order on

22.12.2020:

"Admit. Issue notice to the respondent by speed post.

There shall be an interim stay of the impugned judgment dated 11.5.2020 in O.P.(Div) NO.1317/2020 for a period of one month."

Though notice was issued to the respondent, it was returned

stating 'refused'.

3. Having regard to the facts and circumstances, we

are of the view that the Family Court shall dispose of the

petition to set aside the ex-parte decree, along with the

delay petition, within a period of two months. Till the

disposal of the matter as above, the interim order dated

22.12.2020 will continue. The O.P.(FC) is disposed of as

above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

kp True copy DR. KAUSER EDAPPAGATH, JUDGE P.A. To Judge

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF THE JUDGMENT IN O.P(DIV) NO.1317/2020.

EXHIBIT P2 COPY OF THE PETITION TO SETASIDE THE EXPARTE JUDGMENT (I.A.NO.2/20).

EXHIBIT P3 COPY OF THE DELAY CONDONATION PETITION (I.A.NO.1/20).