Sheeja Sreekumar vs Sheeja Krishnan
2024 Latest Caselaw 9891 Ker

Kerala High Court

Sheeja Sreekumar vs Sheeja Krishnan 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. 32 OF 2024

ORDER DATED 07.11.2023 IN EA No.4/2023 IN OP NO.480 OF
2013 OF FAMILY COURT, PATHANAMTHITTA


PETITIONER/PETITIONER IN EAS/JUDGMENT DEBTOR NO.3 IN
EP/RESPONDENT NO.3 IN O.P:

          SHEEJA SREEKUMAR
          AGED 60 YEARS
          W/O LATE SREEKUMAR, ROHINI HOUSE, VADAKKEDATHUKAVU
          P.O., ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA
          DISTRICT, PIN - 691551

          BY ADVS.
          MANU VYASAN PETER
          P.B.KRISHNAN
          P.B.SUBRAMANYAN
          SABU GEORGE


RESPONDENT/RESPONDENT IN E.A & NOT PARTY IN E.A/DECREE
HOLDER & JUDGMENT DEBTOR NO.4 IN E.P/PETITIONER IN O.P &
NOT PARTY IN O.P:

    1     SHEEJA KRISHNAN
          AGED 40 YEARS
          D/O N. BALAKRISHNA KURUP, REP. BY HER POWER OF
          ATTORNEY HOLDER, N. BALAKRISHNA KURUP, KARTHIKA
          HOUSE, VADAKKEDATHUKAVU P.O., ERATHU VILLAGE, ADOOR
          TALUK, PATHANAMTHITTA DISTRICT., PIN - 691551

    2     SOURAV KRISHNA
          (MINOR REPRESENTED BY COURT GUARDIAN), S/O S. VISHNU,
          ROHINI HOUSE, VADAKKEDATHUKAVU P.O., ERATHU VILLAGE,
          ADOOR TALUK, PATHANAMTHITTA DISTRICT., PIN - 691551

          BY ADVS.
          MANU RAMACHANDRAN FOR PARTY RESP.
 OP (FC) No.32 of 2024

                               2


             M.KIRANLAL(K/963/2009)
             T.S.SARATH(K/257/2012)
             R.RAJESH (VARKALA)(K/78/2000)
             SAMEER M NAIR(K/000481/2017)
             SAILAKSHMI MENON(K/1518/2021)
             SMT.AKHILA B.(K/000259/2019)
             JOTHISHA K.A.(K/123/2022)




     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.32 of 2024

                                   3




                              JUDGMENT

The petitioner herein is the mother-in-law of the 1st respondent

and the 2nd respondent is the minor child of the 1st respondent. It

appears that there were disputes between the parties and a petition was

filed by the 1st respondent seeking refund of gold and cash. The parties

entered into a compromise and consequent thereto, Rs.28 Lakhs was

ordered to be paid to the 1st respondent. It appears that the directions

were not complied with and consequently, an Execution Petition was filed

by the 1st respondent. An item of property owned by the petitioner was

proceeded with. They contend that the aforesaid property having an

extent of 4.66 Ares and falling in Re Survey No. 5/3/3 of Enathu village

had a market value of about Rs.1.25 Crores. However, the upset price

was fixed by the learned Single Judge at Rs.50,000/-. Faced with the

said circumstances, the petitioner is stated to have preferred Ext.P14

application to adjourn the sale, Ext.P15 application to appoint an

Advocate Commissioner along with an accredited valuer to ascertain

certain aspects with regard to the value of property and Ext.P16

application to review the fixing of upset price at Rs.50,000/-. The

petitioner states that by Ext.P19 order, the learned Family Court came to

the conclusion that there was absolutely no reason to adjourn the sale

and the requests were rejected by Ext.P20 and Ext.P21 orders.

2. When the matter was taken up for consideration, the

learned counsel appearing for the respondents fairly submitted that the

value of the property fixed is abysmally low. It is submitted that they

have no objection in setting aside Exts. P19 to P21 and in directing the

Family Court to allow the application for appointment of an Advocate

Commissioner along with an accredited valuer to ascertain the value of

the property and thereafter proceed with the execution proceedings in

accordance with law.

3. We have considered the submissions advanced.

4. Having considered the submissions and having perused the

entire records we are inclined to accept the prayer sought for in this

petition.

5. In that view of the matter, this petition is disposed of by

ordering as under:

Exts. P19 to P21 orders will stand quashed. There will be a

direction to the Family Court, Pathanamthitta to reconsider Exts. P14 to

P16 application and to proceed with the execution proceedings by

appointing an Advocate Commissioner along with an accredited valuer to

value the property. The entire exercise shall be concluded, in any event,

within three months 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) 32/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE COMPROMISE PETITION I.A NO.188 OF 2016 IN O.P NO.480 OF 2013 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 06.02.2016 IN O.P NO.480 OF 2013 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P3 TRUE COPY OF THE DECREE DATED 06.02.2016 IN O.P NO.480 OF 2013 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P4 TRUE COPY OF E.P NO.49 OF 2016 DATED 31.10.2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P5 TRUE COPY OF THE PROCLAMATION DATED 22.10.2019 IN E.P NO.49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P6 TRUE COPY OF THE OBJECTION DATED 22.05.2019 IN E.P NO.49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P7 TRUE COPY OF E.A NO.76 OF 2019 DATED 30.10.2019 IN E.P NO.49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P8 TRUE COPY OF E.A NO.77 OF 2019 DATED 30.10.2019 IN E.P NO.49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P9 TRUE COPY OF THE MEMORANDUM OF O.P(FC) NO.

650 OF 2019 ON THE FILE OF THE HON'BLE HIGH COURT OF KERALA

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 17.01.2020 IN O.P(FC) NO.650 OF 2019 ON THE FILE OF

THE HON'BLE HIGH COURT OF KERALA

Exhibit P11 TRUE COPY OF E.A NO.106 OF 2019 IN E.P NO.

49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P12 TRUE COPY OF THE ORDER DATED 13.10.2023 IN E.P NO.49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P13 TRUE COPY OF THE OBJECTION DATED 01.04.2023 SUBMITTED BY COURT GUARDIAN IN E.P NO.49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P14 TRUE COPY OF E.A NO.4 OF 2023 DATED 31.10.2023 IN E.P NO.49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P15 TRUE COPY OF E.A NO. 5 OF 2023 DATED 31.10.2023 IN E.P NO.49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P16 TRUE COPY OF E.A NO. 6 OF 2023 DATED 31.10.2023 IN E.P NO. 49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P17 TRUE COPY OF THE OBJECTION DATED 03.11.2023 IN E.A NO. 5 OF 2023 IN E.P NO. 49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P18 TRUE COPY OF THE OBJECTION DATED 03.11.2023 IN E.A NO. 6 OF 2023 IN E.P NO. 49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P19 TRUE COPY OF THE ORDER DATED 07.11.2023 IN E.A NO. 4 OF 2023 IN E.P NO. 49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P20 TRUE COPY OF THE ORDER DATED 07.11.2023 IN E.A NO. 5 OF 2023 IN E.P NO. 49 OF 2016 ON THE FILE OF THE FAMILY COURT,

PATHANAMTHITTA

Exhibit P21 TRUE COPY OF THE ORDER DATED 07.11.2023 IN E.A NO. 6 OF 2023 IN E.P NO. 49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P22 TRUE COPY OF THE ORDER DATED 07.11.2023 IN E.P NO.49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P23 TRUE COPY OF THE WARRANT OF SALE OF PROPERTY IN EXECUTION

Exhibit P24 TRUE COPY OF E.A NO. 10 OF 2023 DATED 29.11.2023 IN E.P NO. 49 OF 2016 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA