Abul Azeez vs Shabnam
2022 Latest Caselaw 7508 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 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                    OP (FC) NO. 319 OF 2022
  AGAINST THE ORDER/JUDGMENT IN OP 1815/2014 OF FAMILY
                       COURT,TRIVANDRUM
PETITIONER:

         ABUL AZEEZ, AGED 37 YEARS, S/O ABUL RASHEED,
         TC 46/372, PALLITHERUVU, AMBALATHARA,
         POONTHURA PO, THIRUVANANTHAPURAM., PIN - 695 026

         BY ADV LIJU. M.P



RESPONDENT:

         SHABNAM, AGED 28 YEARS, D/O SHAHIBA, TC
         48/218(3), SHABNAM MANZIL WE ONE NAGAR,
         AMBALATHARA, POONTHURA PO, THIRUVANANTHAPURAM,
         PIN - 695 026


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
24.06.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (FC) NO. 319 OF 2022

                                 ..2..




                   J U D G M E N T

A. Muhamed Mustaque, J

The petitioner was set ex-parte in O.P No.1815 of

2014 on the file of the Family Court, Thiruvananthapuram.

He filed a petition to set aside the ex-parte decree, as

evident from Ext.P3, which is pending. In the meanwhile,

execution petition is laid. The petitioner approached

this Court for early disposal of the application to set

aside the ex-parte decree and stay all proceedings in

execution petition till the consideration of the

application to set aside the ex-parte decree.

2. Having adverted to the facts and circumstances,

we dispose of this original petition dispensing notice to

the respondent in the nature of the order we passed here.

The Family Court is directed to dispose the application to

set aside the ex-parte decree within a period of two

months. Till then, all further proceedings in execution

petition shall be deferred. The petitioner shall produce

a copy of this judgment before the Family Court and also OP (FC) NO. 319 OF 2022

..3..

serve on the learned counsel appearing for the respondent

before the Family Court.

Ordered accordingly.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE PR OP (FC) NO. 319 OF 2022

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APPENDIX OF OP (FC) 319/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE WRITTEN STATEMENT IN OP NO.1815/2014 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 30.07.2018 PASSED IN OP NO.1815/2014 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM

Exhibit P3 TRUE COPY OF THE I.A.NO. 2/2021 IN OP NO.1815/2014 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM

Exhibit P4 TRUE COPY OF THE IA NO.3/22 IN OP NO.1815/2014 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM