Ajinas Hassankutty vs Afeena Shafeek
2024 Latest Caselaw 10024 Ker

Kerala High Court

Ajinas Hassankutty vs Afeena Shafeek on 5 April, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                              &
            THE HONOURABLE MR. JUSTICE P.M.MANOJ
   FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946

                   OP (FC) NO. 164 OF 2024
           EP NO.1 OF 2024 OF FAMILY COURT, THODUPUZHA


PETITIONERS/JUDGMENT DEBTORS IN E.P:

    1     AJINAS HASSANKUTTY
          AGED 28 YEARS
          S/O.HASSANKUTTY, CHOLAKUNDIL, KALIYAR P.O.,
          VANNAPURAM, THODUPUZHA., PIN - 685607

    2     HASSANKUTTY C.A
          AGED 56 YEARS
          S/O.LATE ABDULLA C.H., CHOLAKUNDIL, KALIYAR P.O.,
          VANNAPURAM, THODUPUZHA., PIN - 685607

          BY ADVS.
          JAISON JOSEPH
          M.N.SANJITH
          JIMMY JOSEPH
          VEENA VALLIKANTHAN
          ZACHARIA SAIBU


RESPONDENT/DECREE HOLDER IN EP:

          AFEENA SHAFEEK
          AGED 24 YEARS
          D/O. V.A. SHAFEEK, AFEENA MANZIL, KURATTIKKADU, MANNAR
          P.O., CHENGANNUR TALUK, NOW RESIDING AT THUNDIYIL,
          KURATTIKKADU, MANNAR P.O, PIN - 689622

          BY ADV PRAMOD J DEV




     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(FC) No.164 of 2024

                                        2




                                     JUDGMENT

The petitioners herein are respondents in O.P No.1543 of 2019 on the

file of the Family Court, Mavelikkara. They contend that an ex parte

judgment has been passed by the Family Court on 24.04.2023. Only on

receipt of notice of caveat that they came to know about the passing of the

judgment. It is contended that they have preferred Ext.P3 application

before the Family Court to set aside the ex parte judgment and Ext.P4

application for condonation of delay of 6 days in filing the application. The

grievance of the petitioners is that without passing orders in Exts.P3 and

P4, the Execution Petition filed before the Family Court by the respondent is

being proceeded with and they have been served with Ext.P7 proclamation

of sale. It is on these assertions that this Original Petition is filed seeking

the following reliefs:

i) Call for the records in E.P. No.1/2024 on the file of the Hon'ble Family Court, Thodupuzha and direct the Family Court, Thodupuzha to keep all further proceedings in E.P.No.1/2024 in abeyance till the disposal of the Exhibit P3 and P4 petitions pending before the Family Court, Mavelikkara in O.P. No.1543 of 2019

2. The learned counsel appearing for the respondent submits that

Exts.P3 and P4 applications have been posted on 8.4.2024 before the

Family Court, Mavelikkara. He also states that in view of the interim order

passed by this Court on 13.03.2024, the Execution Petition has been

adjourned and is posted on 13.06.2024. He submits that if the petitioners

co-operate, the Family Court will be able to pass orders on Exts.P3 and P4

on 08.04.2024 or immediately thereafter.

3. The learned counsel appearing for the petitioners submits that

the petitioners shall cooperate.

In that view of the matter, this Original Petition is disposed of

directing the Family Court to expedite the consideration of Exts.P3 and P4

and take appropriate decision expeditiously, in any event, within one month

from the date of production of a copy of this judgment.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sd/-

P.M.MANOJ JUDGE IAP

APPENDIX OF OP (FC) 164/2024

PETITIONERS' EXHIBITS:

Exhibit P1 THE TRUE PHOTOCOPY OF PETITION IN O.P. 1543 OF 2019 ON THE FILE OF HON'BLE FAMILY COURT, MAVELIKKARA

Exhibit P2 THE TRUE PHOTOCOPY OF THE CAVEAT O.P. FILED BEFORE THE HON'BLE HIGH COURT OF KERALA RECEIVED BY THE PETITIONERS

Exhibit P3 THE TRUE PHOTOCOPY OF THE PETITION TO SET ASIDE EX PARTE JUDGMENT IN R.P. NO. 68/2023 IN O.P.1543 OF 2019 ON THE FILE OF HON'BLE FAMILY COURT, MAVELIKKARA

Exhibit P4 THE TRUE PHOTOCOPY OF THE PETITION TO CONDONE THE DELAY IN FILING THE PETITION TO SET ASIDE EX PARTE JUDGMENT IN I.A. NO.1/2023 IN O.P.1543 OF 2019 ON THE FILE OF HON'BLE FAMILY COURT, MAVELIKKARA

Exhibit P5 THE TRUE PHOTOCOPY OF THE ATTACHMENT ORDER IN E.A. NO.5 OF 2024 IN E.P. NO.1 OF 2024 ON THE FILE OF HON'BLE FAMILY COURT, THODUPUZHA

Exhibit P6 THE TRUE PHOTOCOPY OF THE SALE NOTICE IN E.P. NO.1 OF 2024 ON THE FILE OF FAMILY COURT, THODUPUZHA

Exhibit P7 THE TRUE PHOTOCOPY OF THE PROCLAMATION NOTICE FOR SALE IN E.P. NO.1 OF 2024 OF FAMILY COURT, THODUPUZHA