Khalid P vs Shafeeda M.P
2022 Latest Caselaw 663 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                           &
                   THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
     FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                              OP (FC) NO. 26 OF 2022
AGAINST THE ORDER/JUDGMENT IN EP 11/2020 IN OP 764/2017 OF FAMILY
                                COURT, THALASSERY
PETITIONER:

            KHALID P, AGED 54 YEARS, S/O KADER KUTTY HAJI, A.P.
            HOUSE, NEAR JUMA MASJID ARALAM P.O., ARALAM AMSOM,
            KANNUR DISTRICT 670 704

            BY ADVS.
            V.A.SATHEESH
            V.T.MADHAVANUNNI
            ANAND V.S


RESPONDENTS:

1           SHAFEEDA M.P., W/O KHALID, AGED 38 YEARS, "ALIPH",
            ARALAM PALAM, ARALAM.P.O., ARALA, AMSOM, KANNUR
            DISTRICT 670 704

2           ZANUBIA SINAN, D/O KHALID, AGED 19 YEARS, "ALIPH",
            ARALAM PALAM, ARALAM.P.O., ARALA, AMSOM, KANNUR
            DISTRICT 670 704

3           ZAYAN SABIQ.M.P, S/O KAHILD, AGED 8 YEARS (MINOR),
            "ALIPH", ARALAM PALAM, ARALAM.P.O., ARALA, AMSOM,
            KANNUR DISTRICT 670 704


     THIS     OP    (FAMILY    COURT)    HAVING   COME   UP   FOR   ADMISSION   ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 26 OF 2022
                                    2


                              JUDGMENT

A. Muhamed Mustaque, J

The petitioner is the judgment debtor based on a

compromise decree. The petitioner approached this Court

alleging that in execution proceedings, an arrest warrant has

been issued against him. According to the petitioner,

compromise decree consists of performance of promises and

reciprocal promises and the petitioner in the execution petition

failed to honor the promise made by her. It is submitted that

when there is mutually agreed terms based on promises and

reciprocal promises, one cannot seek the performance of one

promise without there being a reciprocity of the terms and

conditions. The petitioner appears to have moved the Family

Court by Ext.P4 to set aside the compromise decree alleging

breach of compromise and on other grounds as urged in the

petition. The petitioner also moved the Execution Court to stay

the execution proceedings and recall the warrant. OP (FC) NO. 26 OF 2022

2. The petitioner approached this Court seeking a

direction to consider his application filed in execution petition to

recall the warrant.

3. The petitioner has every right to resist the execution

on any valid ground available to him. It is submitted that the

warrant has been issued for non payment of Rs.3,00,000/-

(Rupees Three Lakh only) as agreed in the compromise. We

cannot order to defer the execution of the warrant against the

petitioner. However, we are also of the view that the Execution

Court shall consider the resistance of the execution petition on

any valid ground available to him. In the interest of justice, we

direct the petitioner to deposit Rs.3,00,000/-(Rupees Three Lakh

only) within a period of one month. The objection to the

execution proceedings shall be taken up and appropriate orders

shall be passed by the Court. The amount so deposited shall not

be released to the respondents till the objection on execution is

heard and considered by the Execution Court. In order to enable OP (FC) NO. 26 OF 2022

the petitioner to deposit the amount as above, the execution of

the warrant be kept in abeyance.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

SOPHY THOMAS

JUDGE

PR OP (FC) NO. 26 OF 2022

APPENDIX OF OP (FC) 26/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PETITION IN O.P NO.764/2017 ON THE FILE OF FAMILY COURT, THALASSERY..

Exhibit P2 TRUE COPY OF THE COMPROMISE PETITION FILED BY THE PETITIONER AND THE RESPONDENTS IN O.P. NO.764/2017 ON THE FILE OF THE FAMILY COURT, THALASSERY.

Exhibit P3 TRUE COPY OF THE PETITION IN E.P. NO.11/2020 ON THE FILE OF FAMILY COURT, THALASSERY.

Exhibit P4 TRUE COPY OF THE PETITION IN O.P. NO.266/2021 ON THE FILE OF FAMILY COURT, THALASSERY.

Exhibit P5 TRUE COPY OF THE PETITION IN E.A NO,79/2021 IN E.P. NO.11/2020 ON THE FILE OF FAMILY COURT, THALASSERY.

Exhibit P6 TRUE COPY OF THE PETITION IN E.A NO.80/2021 IN E.P. NO.11/2020 ON THE FILE OF FAMILY COURT, THALASSERY.