Aneesh C.I vs Leena P.K
2021 Latest Caselaw 17946 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                     OP (FC) NO. 432 OF 2021
 AGAINST THE ORDER DATED 23.06.2021 IN EP NO.125/2018 IN OP
               1848/2012 OF FAMILY COURT, THRISSUR
PETITIONER/JUDGMENT DEBTOR:

         ANEESH C.I., AGED 56 YEARS
         S/O LATE ITTOOP, NOW RESIDING AT HOUSE NO.69/926
         PANAKKAL HOUSE, CITIZEN ROAD,
         4TH CROSS ROAD, AYYAPPANKAVU, ERNAKULAM VILLAGE,
         KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN-682018.

         BY ADVS. R.O.MUHAMED SHEMEEM
         NASEEHA BEEGUM P.S.



RESPONDENT/DECREE HOLDER:

         LEENA P.K, AGED 44 YEARS
         D/O LATE KURIAKOSE,
         NOW RESIDING AT PANAJIKKAL HOUSE,
         CHELAKKARA P.O, TALAPPILLY TALUK,
         THRISSUR DISTRICT, PIN-680586.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
01.09.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(FC).No.432/2021

                                   -:2:-

                              JUDGMENT

Dated this the 1st day of September, 2021

A.Muhamed Mustaque,J.

This OP has been filed challenging an order in execution of the

decree in OP No.1848/2012 on the files of the Family Court, Thrissur. By

the impugned order, the upset price has been fixed and properties were

ordered for proclamation and sale on 4/9/2021. Learned counsel for the

petitioner submits that this order has been passed without hearing him,

during the pandemic.

2. If there is any irregularity in the proclamation or sale, the petitioner

has the right to challenge the same after the sale. We may not be justified

in interfering with such an order invoking our power under Article 227 of

the Constitution of India. With liberty to the petitioner to challenge any O.P.(FC).No.432/2021

irregularity at appropriate stage, we dismiss this Original petition in limine.

The petitioner has raised an objection regarding jurisdiction. The same

shall be considered by the Family Court at the appropriate stage.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp True copy

P.A. To Judge O.P.(FC).No.432/2021

APPENDIX OF OP (FC) 432/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE EXECUTION PETITION NO.

EP 125/2018 of FAMILY COURT, THRISSUR.

EXHIBIT P2 TRUE COPY OF EA 74/2021 IN EP 125/2018 PENDING BEFORE THE FAMILY COURT THRISSUR

EXHIBIT P3 CERTIFIED COPY OF THE ORDER DATED 23.06.2021 IN EP NO.125/2018 OF THE FAMILY COURT THRISSUR