Kerala High Court
Venugopalan P.K vs Sajitha on 3 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
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
OP (FC) NO. 151 OF 2024
AGAINST THE ORDER IN EA 84/2021 IN EP NO.3 OF 2021 OF
FAMILY COURT, IRINJALAKUDA
OP NO.153 OF 2012 OF FAMILY COURT, IRINJALAKUDA
PETITIONER/CLAIMANT PETITIONER/3RD PARTY:
VENUGOPALAN P.K., AGED 56 YEARS,
S/O. KARTHIKEYAN, PANDARAPARAMBIL HOUSE, VALLIVATTAM
P.O, AMARIPPADAM, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT- REPRESENTED BY HIS POWER ATTORNEY HOLDER
SANTHOSH.N.S, AGED 58 YEARS, S/O.SEKHARAN,
NELLIKKATHARA HOUSE, KAIPPAMANGALAM P.O., AMARIPPADAM,
KODUNGALLUR TALUK THRISSUR DISTRICT-, PIN - 680123
BY ADVS.
K.M.MUHAMMED HUSSAIN
MANUMON A.
RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTOR:
1 SAJITHA, AGED 54 YEARS, W/O. PERUNTHARA MUHAMMED
BASHEER, PERUNTHARA VEETTIL,
MATHILAKAM.P.O,PUTHIYAKAVU, KODUNGALLUR TALUK, THRISSUR
DISTRICT-, PIN - 680681
2 PERUNTHARA MUHAMMED BASHEER, AGED 60 YEARS
S/O. ABDUL AZEEZ, PERUNTHARA VEETTIL, MATHILAKAM.P.O,
THRISSUR DISTRICT, NOW RESIDING AT C/O. THAJUDHEEN,
ANAKOTT HOUSE, KAKKATHURUTHI, EDATHIRINJI.P.O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT-, PIN - 680122
BY ADVS.
AMRIN FATHIMA
K.A.NOUSHAD(K/003014/1999)
SURUMI NAZAR(K/001007/2024)
O.P.(F.C.) .No.151 of 2024 2
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(F.C.) .No.151 of 2024 3
RAJA VIJAYARAGHAVAN V & P.M. MANOJ , JJ.
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O.P. (FC) No. 151 OF 2024
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Dated this the 3rd day of April 2024
JUDGMENT
P.M. Manoj, J
This Original Petition is preferred by the claim petitioner in E.A.
No.84/2021 in E.P. No.3/2021 in OP No.153/2012 of Family Court, Irinjalakuda.
2. The petitioner asserts that the 1st respondent instituted petitions
before the Family Court against the 2nd respondent, who is her husband and
obtained a decree in her favor. The decree was put in execution and an
attachment order was obtained. The petitioner, contending that he had
purchased the attached property from the 2nd respondent in the year 2012 itself,
filed EA No 98/2021 before the Family court seeking to lift the attachment. He
had also filed a claim petition as E.A. No.105/2022 for a declaration that he is
entitled to be declared as the owner of the property. The 1st respondent on the
other hand preferred E.P.No.3/2014 to execute the judgement and decree,
however without making the petitioner a party to the proceedings. It is stated
that the property was brought up for sale and the sale was effected and the
same has been confirmed. The petitioner states that he has now preferred Ext.
P4 application for setting aside the sale and the same is pending.
3. While the proceedings were pending as aforesaid, the subject matter
property was acquired for widening of the National Highway and the acquisition
authority has deposited the amount before the reference Court. It is stated that
the petitioner has entered appearance before the reference court and has filed
his objection and statement. His grievance is that the Additional District Court,
where the land acquisition matter is pending, is proceeding with the matter,
whereas the application to set aside the sale pending before the Family Court is
not being taken up for consideration as there is no presiding officer. It is on these
assertions that this petition is filed seeking expeditious consideration of Ext.P4
application and to keep the proceedings before the District Court in abeyance till
an order is passed.
4. When the matter came up for consideration, the learned counsel
appearing for the petitioner submitted that he would be satisfied if Ext.P4
application preferred before the Family Court, Irinjalakuda, is disposed of within
a time frame. It is further submitted that as there is no Presiding Officer in the
Family Court, Irinjalakuda Family Court, Thrissur, has been entrusted with the
charge.
5. We have heard the learned counsel appearing for the petitioner.
6. In view of the nature of order that we propose to pass, notice to
respondents 1 and 2 are dispensed with.
7. We are of the view that it would not be proper for us to interdict the
proceedings in LAR No. 36/2022 on the file of the Additional District Court,
Thrissur. However, insofar as Ext. P4 application is concerned, necessary
directions can be issued.
8. Resultantly, this petition is disposed of with a direction to the Family
Court, Irinjalakuda to make an endeavor to take up consider and dispose of E.A.
No.84/2021 in EP No.3/2021 in OP No.153/2012 on the files of the said court,
expeditiously, in any event, within an outer time frame of two months.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
P.M. MANOJ,
JUDGE
d
APPENDIX OF OP (FC) 151/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE DOCUMENT NO. 953/2012 OF
SRO MATHILAKAM DATED 03-03-2012
Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN
O.P.NO.1315/2012 DATED 31-10-2013
Exhibit P3 THE TRUE COPY OF THE COMMON ORDER IN EA
NO.98/2021 AND EA 105/2022 IN EP 8/2020 IN OP
317/2016 DATED 11-10-2022
Exhibit P4 THE TRUE COPY OF THE EA.NO 84/2021 IN EP.NO
3/2014 IN O.P.NO 153/2012 OF FAMILY COURT,
IRINJALAKKUDA DATED 20-11-2021
Exhibit P5 THE TRUE COPY OF THE PROCEEDINGS OF COMPETENT
AUTHORITY/DEPUTY COLLECTOR LAND ACQUISITION
(NH 66) DATED 30-06-2021 IN RESPECT OF LAND
EXTENT 0.64 ARES
Exhibit P6 THE TRUE COPY OF THE PROCEEDINGS OF COMPETENT
AUTHORITY/DEPUTY COLLECTOR LAND ACQUISITION
(NH 66) DATED 30-06-2021 IN RESPECT OF LAND
EXTENT 0.11 ARES
Exhibit P7 THE TRUE COPY OF THE PROCEEDINGS OF COMPETENT
AUTHORITY/DEPUTY COLLECTOR LAND ACQUISITION
(NH 66) DATED 02-08-2021 IN RESPECT OF LAND
EXTENT 1.59 ARES
Exhibit P8 THE TRUE COPY OF THE PROCEEDINGS OF COMPETENT
AUTHORITY/DEPUTY COLLECTOR LAND ACQUISITION
(NH 66) DATED 02-08-2021 IN RESPECT OF LAND
EXTENT 0.1 ARES
Exhibit P9 THE TRUE COPY OF THE PROCEEDINGS OF COMPETENT
AUTHORITY/DEPUTY COLLECTOR LAND ACQUISITION
(NH 66) DATED 30-03-2022
Exhibit P10 THE TRUE COPY OF THE CLAIM STATEMENT FILED BY
THE PETITIONER BEFORE ADDITIONAL DISTRICT
COURT-III, THRISSUR IN LAR NO 36 OF 2022
DATED -02-2024
Exhibit P11 THE TRUE COPY OF THE IA.NO. 3 OF 2024 IN LAR
NO 36 OF 2022 BEFORE ADDITIONAL DISTRICT
COURT-III, THRISSUR DATED -02-2024
