Jayanthi Alias Sugandhi vs N. Thankappan
2022 Latest Caselaw 7537 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. 366 OF 2022
   AGAINST THE ORDER/JUDGMENT IN OS 290/2000 OF FAMILY
                      COURT,TRIVANDRUM
PETITIONER:

          JAYANTHI ALIAS SUGANDHI, AGED 48 YEARS, DAUGHTER
          OF MUTHUSWAMY, KUTTUVELIVILA VEEDU, KARUMANOOR,
          PARASSALA P.O., NEYYATTINKARA TALUK,
          THIRUVANANTHAPURAM DISTRICT,, PIN - 695 502

          BY ADVS.
          R.T.PRADEEP
          S.V.PREMAKUMARAN NAIR
          M.BINDUDAS
          K.C.HARISH



RESPONDENTS:

   1      N. THANKAPPAN, KOODALLOORKONAM, MALAYADI P.O.,
          PALUKAL VILLAGE, VILAVANCODE TALUK, KANYAKUMARI
          DISTRICT,
          TAMIL NADU,, PIN - 629 153

   2      FRANCIS, SON OF VELAYUDHAN, KANAKUZHY VEEDU,
          VANNIYACODE, PARASSALA, PARASSALA P.O.,
          NEYYATTINKARA TALUK,
          THIRUVANANTHAPURAM DISTRICT,, PIN - 695 502


       THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC) NO. 366 OF 2022

                          ..2..


                   J U D G M E N T

A. Muhamed Mustaque, J

The petitioner is a decree holder. In execution

petition, the 1st respondent filed a claim petition. The

petitioner-decree holder auctioned the property belongs to

the 2nd respondent. Awaiting the delivery of the property

the 1st respondent filed a claim petition. On account of

the delay involved in the proceedings, the petitioner

approached this Court.

2. Taking note of the facts and circumstances, we

direct the Family Court, Thiruvananthapuram to conclude

the proceedings in regard to the claim petition within a

period of two months.

3. The petitioner is directed to produce a copy

this judgment before the Family Court, Thiruvananthpuram

and also to serve on the counsel appearing for both the

respondents.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

SOPHY THOMAS, JUDGE PR OP (FC) NO. 366 OF 2022

..3..

APPENDIX OF OP (FC) 366/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF PLAINT DATED 4.7.2000 IN O.S. NO.290/2000 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM

Exhibit P2 TRUE COPY OF DECREE DATED 4.7.2000 IN O.S. NO.290/2000 BY THE FAMILY COURT, THIRUVANANTHAPURAM.

Exhibit P3 TRUE COPY OF E.P. NO.46/2002 DATED 4.6.2002 IN O.S. NO.290/2000

Exhibit P4 TRUE COPY OF NON ENCUMBRANCE CERTIFICATE DATED 21.7.2003 WITH RESPECT TO PLAINT 'C' SCHEDULE PROPERTY

Exhibit P5 TRUE COPY OF SALE CERTIFICATE DATED 19.10.2006

Exhibit P6 TRUE COPY OF E.A. NO.118/2009 DATED 14.7.2009 FILED BY 1ST RESPONDENT

Exhibit P7 TRUE COPY OF JUDGMENT DATED 14.9.2021 IN W.P.(C) NO.19737/2009

Exhibit P8 TRUE COPY OF CLAIM PETITION DATED 29.11.2021 BY 1ST RESPONDENT

Exhibit P9 TRUE COPY OF OBJECTION OF PETITIONER TO EXHIBIT-P8 CLAIM PETITION WHICH IS NIL DATED