Nikhil George vs Limiya Thomas
2024 Latest Caselaw 32760 Ker

Kerala High Court

Nikhil George vs Limiya Thomas on 12 November, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                               2024:KER:85488

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                              &
         THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
                   OP (FC) NO. 690 OF 2024
   AGAINST THE ORDER IN EP NO.12 OF 2021 OF FAMILY COURT,
                          KOZHIKODE

PETITIONERS/JUDGMENT DEBTORS 1 AND 2/RESPONDENTS 1 AND 3:

    1     NIKHIL GEORGE, AGED 35 YEARS, S/O GEORGE P.J.,
          POOVAKKODE HOUSE, KOODATHAYI BAZAR POST,
          KOZHIKIODE PIN 673573, REPRESENTED BY POWER OF
          ATTORNEY HOLDER GEORGE P.J., AGED 66 YEARS,
          S/O JOSEPH @ OUSEPH, POOVAKKODE HOUSE,
          KOODATHAYI BAZAR POST, KOZHIKIODE,
          PIN - 673573

    2     GEORGE P.J., AGED 66 YEARS, S/O JOSEPH @ OUSEPH,
          POOVAKKODE HOUSE, KOODATHAYI BAZAR POST,
          KOZHIKIODE, PIN - 673573

          BY ADVS.
          EBIN MATHEW
          P.J.MATHEW
          AKHILA SHOJI


RESPONDENT/DECREE HOLDER AND JUDGMENT DEBTORS 3 TO
5/PETITIONER AND RESPONDENTS 4 TO 6:

    1     LIMIYA THOMAS, D/O N.G THOMAS, NEELISSERY HOUSE,
          SANTHIGRAMAM, MANJERI, MALAPPURAM DISTRICT,
          PIN - 676121

    2     JEENA, D/O GEORGE P.J KADUMKEERIYIL HOUSE,
          MYKKAVU POST, KOZHIKODE, PIN - 673573

    3     TOMY, S/O DAVID @ JOY, KADUMKEERIYIL HOUSE,
          MYKKAVU POST, KOZHIKODE, PIN - 679573
                                                           2024:KER:85488
OP(FC) 690/24
                                         2

     4       JISHA, W/O JOSHY THOMAS, PUTHIYEDATH HOUSE,
             ORAPPINKAL, KODENCHERY POST, THAMARASSERY
             TALUK, KOZHIKODE, PIN - 673580



      THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
12.11.2024,     THE   COURT   ON   THE       SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                          2024:KER:85488
OP(FC) 690/24
                                         3


                            JUDGMENT

Devan Ramachandran, J.

The singular prayer of the petitioners in this Original Petition

is that the learned Family Court, Kozhikode, be directed to take up

and dispose of E.A.Nos.50/2023, 59/2023 and 60/2023 in

E.P.No.12/2021, within a time frame to be fixed by this Court.

2. Sri.Ebin Mathew - learned counsel for the petitioners,

submitted that the afore applications have been filed as early as on

December 2023 and that the failure of the learned Trial Court to

dispose them of causes great prejudice to his clients.

3. We do not propose to enter into the merits of the afore

contentions because, we are of the view that any applications filed

by litigants ought to be disposed of by Courts without avoidable

delay. If, as stated by the learned counsel for the petitioners, the

applications in question are pending for more than a year, then

certainly, the learned Family Court must consider the same at the

earliest.

2024:KER:85488 OP(FC) 690/24

In such perspective, we allow this Original Petition and direct

the learned Family Court, Kozhikode, to take up E.A.Nos.50/2023,

59/2023 and 60/2023 in E.P.No.12/2021 - if they are still pending

- and dispose them of, after affording necessary opportunity to

both sides, as expeditiously as is possible, but not later than two

months from the date of receipt of a copy of this judgment.

We clarify that we have not entered into the merits of any of

the contentions and that they are all left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

M.B. SNEHALATHA JUDGE RR 2024:KER:85488 OP(FC) 690/24

APPENDIX OF OP (FC) 690/2024

PETITIONER EXHIBITS

Exhibit P-1 A TRUE COPY OF THE ORDER DATED 29/09/2018 IN OP NO 497/2015 FAMILY COURT MALAPPURAM

Exhibit P-2 A TRUE COPY OF THE ORDER DATED 08/07/2019 IN IA NO 2/2019 IN MAT APPEAL NO 302/2019 OF THIS HON'BLE COURT

Exhibit P-3 A TRUE COPY OF THE ORDER DATED 02/02/2021 IN IA NO 1071/2019 IN OP 497/2015, FAMILY COURT MALAPPURAM

Exhibit P-4 A TRUE COPY OF EP NO 12/2021 FILED BY THE 1ST RESPONDENT HEREIN BEFORE THE FAMILY COURT KOZHIKODE

Exhibit P-4(a) A TRUE COPY OF THE OBJECTION FILED BY THE JUDGMENT DEBTORS IN EP 12/2021 BEFORE THE FAMILY COURT KOZHIKODE

Exhibit P-5 A TRUE COPY OF IA NO 3/2021 IN OP NO 497/2015, FAMILY COURT MALAPPURAM

Exhibit P-6 A TRUE COPY OF THE FD RECEIPT DATED 30/07/2022 FROM STATE BANK OF INDIA OMASSERI BRANCH OF RS 14,95,700/-

Exhibit P-7 A TRUE COPY OF ORDER DATED 06/09/2022 IN IA 3/2021 IN OP NO 497/2015, FAMILY COURT MALAPPURAM

Exhibit P-8 A TRUE COPY OF COMMON JUDGMENT DATED 16/10/2023 IN MAT APPEAL 302/2019 OF THIS HON'BLE COURT

Exhibit P-9 A TRUE COPY OF EA NO. 50/2023 IN EP NO 12/2021 BEFORE THE FAMILY COURT KOZHIKODE

Exhibit P-10 A TRUE COPY OF THE OBJECTION FILED BY THE 2024:KER:85488 OP(FC) 690/24

1ST RESPONDENT HEREIN EA NO 50/2023 IN EP

Exhibit P-11 A TRUE COPY OF EA NO 59/2023 IN EP NO 12/2021 FAMILY COURT KOZHIKODE

Exhibit P-12 A TRUE COPY OF EA NO 60/2023 IN EP NO 12/2021 FAMILY COURT KOZHIKODE

Exhibit P-13 A TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT HEREIN EA NO 59/2023 IN EP NO 12/2021 BEFORE THE FAMILY COURT KOZHIKODE

Exhibit P-14 A TRUE COPY OF THE JUDGMENT DATED 22/02/2024 IN RP NO 37/2024 IN MAT APPL

Exhibit P-15 A TRUE COPY OF THE BALANCE STATEMENT FILED BY THE 1ST RESPONDENT HEREIN IN EP

Exhibit P-16 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS HEREIN TO EXHIBIT P-15 BALANCE STATEMENT