Kerala High Court
Sainaba vs Shahina And Another on 12 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
OP (FC) NO. 277 OF 2023
AGAINST THE ORDER/JUDGMENT IN EP 4/2020 OF FAMILY COURT,
MAVELIKKARA
PETITIONER/2ND JUDGMENT DEBTOR/2ND RESPONDENT:
SAINABA
AGED 64 YEARS
W/O KAMARUDEEN, KAJA BHAVAN, NOORANAD P.O.
THAMARAKKULAM VILLAGE, MAVELIKKARA,
ALAPPUZHA, PIN - 690504.
BY ADVS.
S.SHANAVAS KHAN
S.INDU
KALA G.NAMBIAR
RESPONDENTS/DECREE HOLDER & 1ST JUDGMENT DEBTOR/PETITIONER &
1ST RESPONDENT:
1 SHAHINA S, AGED 26 YEARS
D/O SELEENA, SHAHINA MANZIL NOORANAD P.O.
THAMARAKKULAM VILLAGE MAVELIKKARA,
ALAPPUZHA, PIN - 690504
2 MUHAMMAD SHEREEF
AGED 35 YEARS
S/O KAMARUDEEN, KAJA BHAVAN NOORANAD P.O.
THAMARAKKULAM VILLAGE, MAVELIKKARA,
ALAPPUZHA, PIN - 690504.
BY ADVS.
NOBEL RAJU
C.R.JAYAKUMAR(K/000390/1995)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(FC) No.277 of 2023 2
A.MUHAMED MUSTAQUE &
SOPHY THOMAS, JJ.
--------------------------------------------
O.P (FC) No.277 of 2023
--------------------------------------------
Dated this the 12th day of June, 2023
JUDGMENT
Sophy Thomas, J.
The 2nd judgment debtor in E.P No.4 of 2020 in O.P No.79 of
2015 on the file of Family Court, Mavelikkara, is the original
petitioner herein, to stay the execution proceedings during the
pendency of Ext.P7 petition filed by her, to restore the restoration
petition.
2. The decree holder filed O.P No.79 of 2015 for declaration of
title, recovery of money as well as gold, against her husband and
mother-in-law. That O.P was decreed ex parte. They filed petition
to set aside the ex parte decree. But, it was dismissed for default.
They filed a petition to restore the same. But, that also was
dismissed for default. Then again, they filed a petition to set aside
the ex parte decree along with a petition to condone the delay.
Meanwhile, the decree holder proceeded with the execution
petition. Then again, respondents in the O.P filed Ext.P7 petition to
restore Ext.P5 I.A, which was dismissed for default. Now, the
prayer of the petitioner herein is to defer the execution proceedings
till Ext.P7 petition is disposed of by the Family Court, Mavelikkara.
3. Though notice was served on the counsel for the
1st respondent, none appeared for her. Obviously, there were
laches from the part of the original petitioner in taking steps to get
the ex parte decree set aside. After dismissing that petition for
default, several petitions were filed for restoration, but those
petitions also were dismissed for non prosecution.
Since Ext.P7 petition is pending consideration of the Family
Court, Mavelikkara, this Court is inclined to direct the Family Court
to dispose that petition within a period of two weeks from today
and till then, the proceedings in E.P No.4 of 2020 shall be deferred.
It is clarified that, if, for any laches from the part of the petitioner,
there occurs delay in disposing Ext.P7 petition within the time
stipulated, the Family Court shall proceed with the execution
petition without further delay.
With these directions, above OP(FC) stands disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
smp
APPENDIX OF OP (FC) 277/2023
PETITIONER EXHIBITS
Exhibit TRUE COPY OF THE B DIARY PROCEEDINGS IN
P1 O.P.NO.79/2015 ON THE FILES OF THE HON'BLE
FAMILY COURT, MAVELIKARA
Exhibit A TRUE COPY OF THE JUDGMENT DATED 10/01/2018 IN
P2 O.P.NO. 79/2015 ON THE FILES OF THE HON'BLE
FAMILY COURT, MAVELIKARA .
Exhibit A TRUE COPY OF THE I.A.267/2018 DATED NIL IN
P3 O.P.NO. 79/2015ON THE FILES OF THE HON'BLE
FAMILY COURT, MAVELIKKARA
Exhibit A TRUE COPY OF THE OBJECTIONS DATED NIL FILED BY
P4 THE 1ST RESPONDENT TO I.A.267/2018 ON THE FILES
OF THE HON'BLE FAMILY COURT, MAVELIKARA
Exhibit A TRUE COPY OF THE I.A.NO.1475/2018 DATED
P5 16/06/2018 IN O.P.NO. 79/2015 ON THE FILES OF
THE HON'BLE FAMILY COURT,MAVELIKKARA
Exhibit A TRUE COPY OF E.P.NO.4/2020 DATED NIL IN
P6 O.P.NO. 79/2015 ON THE FILES OF THE HON'BLE
FAMILY COURT, MAVELIKARA
Exhibit A TRUE COPY OF THE R.P.NO.69/2022 DATED NIL IN
P7 I.A.NO.1475/2018 IN O.P.NO. 79/2015 ON THE FILES
OF THE HON'BLE FAMILY COURT, MAVELIKARA
True Copy
smp
P.S to Judge
