Vijayalekshmi vs Manikuttan Nair @ Manikandan Nair
2022 Latest Caselaw 9561 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
         THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
 THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                    OP (FC) NO. 467 OF 2022
   AGAINST THE ORDER/JUDGMENT IN OP 177/2013 OF FAMILY
                      COURT, MAVELIKKARA
               EP 56/2020 OF FAMILY COURT,KOLLAM
PETITIONER:

         VIJAYALEKSHMI, AGED 33 YEARS, D/O.JALAJA,
         CHITTOOR HOUSE, MUTTOM P.O, CHEPPAD VILLAGE,
         KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT - , PIN
         - 690 511

         BY ADVS.
         PRATHEESH.P
         ANJANA KANNATH
         T.S.SREEKUTTY



RESPONDENTS:

   1     MANIKUTTAN NAIR @ MANIKANDAN NAIR, AGED 58 YEARS
         PATTATHIL HOUSE, ULIYAKOVIL P.O, KOLLAM - , PIN
         - 691 019

   2     LAKSHMIKUTTIAMMA, W/O.PADMANABHAN NAIR,
         PATTATHIL HOUSE, ULIYAKOVIL P.O, KOLLAM - , PIN
         - 691 019

   3     MOHANACHANDRAN, AGED 48 YEARS, PATTATHIL HOUSE,
         ULIYAKOVIL P.O, KOLLAM -, PIN - 691 019

   4     USHAKUMARI, AGED 59 YEARS, PATTATHIL HOUSE,
         ULIYAKOVIL P.O, KOLLAM - , PIN - 691 019

   5     PRASANNA KUMAR, AGED 54 YEARS, PATTATHIL HOUSE,
         ULIYAKOVIL P.O, KOLLAM - , PIN - 691 019
 OP (FC) NO. 467 OF 2022

                                  ..2..


    6      GIRIJA KUMARI, AGED 56 YEARS, PATTATHIL HOUSE,
           ULIYAKOVIL P.O, KOLLAM - , PIN - 691 019

    7      LEKHA P NAIR, AGED 50 YEARS, PATTATHIL HOUSE,
           ULIYAKOVIL P.O, KOLLAM- , PIN - 691 019


        THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
25.08.2022,    THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (FC) NO. 467 OF 2022

                              ..3..


                    J U D G M E N T

A. Muhamed Mustaque, J

This original petition is filed at the instance of

the decree holder in O.P No.177 of 2013 on the file of the

Family Court, Mavelikkara. The decree in the above case

is sought to be executed through the Family Court, Kollam.

The execution petition is numbered as E.P No.56 of 2020.

In that, the decree holder filed E.A No.102 of 2022 for

taking action to execute the decree. On account of non

consideration, the petitioner approached this Court.

2. The decree sought to be executed is under

challenge in Mat. Appeal No.567 of 2018. In that, this

Court passed an order staying the execution, on condition

that the appellant therein, who is the judgment debtor,

shall furnish security to the satisfaction of the Family

Court. It is now submitted at the Bar, on behalf of the

respondent in this original petition, that he has

furnished security.

3. If the security has been furnished, the Family

Court will have to wait till the conclusion of the Mat. OP (FC) NO. 467 OF 2022

..4..

Appeal before this Court. However, if the security is not

been furnished, necessary action shall be taken by the

Family Court to execute the decree in accordance with law,

without any delay, at any rate, within a period of three

months.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE PR OP (FC) NO. 467 OF 2022

..5..

APPENDIX OF OP (FC) 467/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE COMMON JUDGMENT IN OP NO.177/2013 DATED 23.2.2018 ON THE FILE OF FAMILY COURT, MAVELIKKARA

Exhibit P2 THE TRUE COPY OF THE E.P NO.56/2020 IN OP NO.177/2013 (FAMILY COURT, MAVELIKKARA) ON THE FILE OF FAMILY COURT, KOLLAM

Exhibit P3 THE TRUE COPY OF THE ORDER DATED 16.3.2021 IN I.A NO.2/2018 IN MAT APPEAL NO.567/2018 OF THIS HON'BLE COURT

Exhibit P4 THE COPY OF THE E.A NO.102/2022 IN E.P NO.56/2020 IN OP NO.177/2013 DATED 2.8.2022 FILED BEFORE FAMILY COURT, KOLLAM