Kerala High Court
Soumya G Nair vs Anil Kumar on 13 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
OP (FC) NO. 9 OF 2022
E.P.NO.20/2015 IN OP.NO.40/2013 OF FAMILY COURT,
PATHANAMTHITTA
PETITIONER:
SOUMYA G NAIR, AGED 42 YEARS
W/O. ANIL KUMAR, KOCHUVEETIL, KALLARAKADAVU,
PATHANAMTHITTA VILLAGE, KOZHENCHERY TALUK,
PATHANAMTHITTA DISTRICT-689645.
BY ADVS.
NOBEL RAJU
C.R.JAYAKUMAR
RESPONDENT:
ANIL KUMAR, AGED 51 YEARS
S/O. GOPALAKRISHNA KURUP, KOCHUVETTIL,
KALLARAKADAVU, PATHANAMTHITTA VILLAGE,
PATHANAMTHITTA DISTRICT.
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
P.C.SHIJIN
RISHIKESH HARIDAS
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
13.01.2022, ALONG WITH OPFC.NO.18/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
OP (FC) Nos.9 & 18 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
OP (FC) NO. 18 OF 2022
E.A.NO.73/2016 IN E.P.NO.20/2015 OP.NO.40/2013 OF FAMILY
COURT, PATHANAMTHITTA
PETITIONER/PETITIONER/JUDGMENT DEBTOR:
ANIL KUMAR, AGED 51 YEARS
S/O GOPALAKRISHNA KURUP, KOCHUVEETIL,
KALLARAKADAVU, PATHANAMTHITTA VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT,
PIN-689645.
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
RISHIKESH HARIDAS
RESPONDENT/RESPONDENT/DECREE HOLDER:
SOUMYA G. NAIR, AGED 34 YEARS
KOCHUVEETIL, KALLARAKADAVU, PATHANAMTHITTA
VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA
DISTRICT, PIN-689645.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
13.01.2022, ALONG WITH OPFC.NO.9/2022 THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
OP (FC) Nos.9 & 18 OF 2022
3
J U D G M E N T
A.MUHAMED MUSTAQUE, J.
These matters concern the sale proceedings
initiated in E.P.No.20 of 2015 in O.P.No.40 of 2013 on
the file of the Family Court, Pathanamthitta. This
Court in O.P.(F.C).No.388 of 2021 directed the Family
Court, Pathanamthitta to conclude the proceedings in
execution within four months as per the order dated
25.08.2021. The above case is also tagged along with
the connected matters today, for the reason that the
presiding officer by communication dated 29.12.2021
sought for further period of three months from
02.01.2022.
2. Decree holder filed O.P.(F.C).No.9 of 2022
seeking further enlargement of time to complete the
sale proceedings in the light of order passed by this
Court in O.P.(F.C).No.388 of 2021.
OP (FC) Nos.9 & 18 OF 2022
3. The judgment debtor filed O.P.(F.C).No.18 of
2022, challenging an order dismissing Ext.P2
application. The order of the Family Court in O.P.No.40
of 2012 (Ext.P2 application) is produced as per Ext.P6.
Ext.P2 application was filed to lift attachment over 10
cents of property from 50 cents of property being
proceeded for sale.
4. We find no reason to interfere with
challenging an order dismissing Ext.P2 application
produced as per Ext.P6 in O.P.(F.C).No.18 of 2022. If
10 cents of property would be sufficient to satisfy
the decree amount, he could have find out a buyer and
approached the court with the amount to satisfy the
decree. The last 6 years the decree holder is unable to
obtain the fruits of the decree.
5. However, we order that if the judgment debtor
is able to find out the purchaser and the buyer is
prepared to deposit the amount which would satisfy the
OP (FC) Nos.9 & 18 OF 2022
decree, the Execution Court shall order to release of
the property forthwith. To facilitate the above, and
also to complete all sale proceedings in relation to
the property under attachment, we grant time as sought
for in O.P.(F.C).No.9 of 2022 for a period of three
months from 02.01.2022.
Execution Court shall refer parties for mediation,
however, that will not prevent the Execution Court
taking steps for completing sale formalities.
The original petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
AS
OP (FC) Nos.9 & 18 OF 2022
APPENDIX OF OP (FC) 9/2022
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT IN OP(FC)
388/2021 BY HIGH COURT OF KERALA DATED
25.8.2021.
OP (FC) Nos.9 & 18 OF 2022
APPENDIX OF OP (FC) 18/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE EXECUTION PETITION E.P
NO.20/2015 IN OP 40/2013 BEFORE FAMILY
COURT, PATHANAMTHITTA DATED 21.04.2015.
EXHIBIT P2 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER AS E A 73/2016 IN E.P
NO.20/2015 IN OP NO.40/2013 DATED
10.11.2016.
EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED THE
RESPONDENT TO E A NO.73/2016 IN E.P
NO.20/2015 IN OP 40/2013 BEFORE FAMILY
COURT, PATHANAMTHITTA .
EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT FILED BY
PROSPECTIVE PURCHASER MR.ABRAHAM IN E.P
NO.20/2015 IN OP NO.40/2013 BEFORE
FAMILY COURT, PATHANAMTHITTA, DATED
20.06.2017.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN OP(FC) NO.388/2021
DATED 25.08.2021.
EXHIBIT P6 TRUE COPY OF THE ORDER OF THE FAMILY
COURT, PATHANAMTHITTA IN E.A NO.73/2016
IN EP NO.20/2015 IN OP NO.40/2013 DATED
12.10.2021.
EXHIBIT P7 TRUE COPY OF THE LOCATION SKETCH
PREPARED BY THE VILLAGE OFFICER DATED
16.12.2014.
