Varsha Vincent vs Vipin Thomas
2024 Latest Caselaw 33263 Ker

Kerala High Court

Varsha Vincent vs Vipin Thomas on 15 November, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

OP (FC) No.701/2024                        1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                            &
                       THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
            Friday, the 15th day of November 2024 / 24th Karthika, 1946
                             OP (FC) NO. 701 OF 2024(R)
                     EP 12/2023 OF FAMILY COURT, NORTH PARAVUR
   PETITIONERS/RESPONDENTS/JUDGMENT DEBTORS:

       1. VARSHA VINCENT, AGED 32 YEARS, D/O VINCENT O A, OLATTUPURAM HOUSE,
          PUTHENVELIKARA POST, ERNAKULAM DISTRICT, PIN - 683 504.
       2. VINCENT O A, AGED 62 YEARS, S/O. ANTHAPPAN, OLATTUPURAM HOUSE,
          PUTHENVELIKARA POST, ERNAKULAM DISTRICT, PIN - 683 504.

   RESPONDENT/PETITIONER/DECREE HOLDER:

           VIPIN THOMAS, AGED 40 YEARS, S/O. THOMAS,
           PANAKKAL HOUSE, THURUTHOOR, PUTHENVELIKARA POST,
           ERNAKULAM DISTRICT, PIN - 683 504.


          OP (Family Court) praying inter alia that in the circumstances

   stated in the affidavit filed along with the OP (FC) the High Court be

   pleased to stay Exhibit P6 sale in EP No. 12 of 2023 of the Family Court

   Paravur pending disposal of this Original Petition (Family Court).



          This petition coming on for admission upon perusing the petition and

   the affidavit filed in support of OP (FC) and upon hearing the arguments
   of M/S. VINOD VALLIKAPPAN, S.SUMITHA, ANJALI DEVADAS & SREELAKSHMI G.,

   Advocates for the petitioners, the court passed the following:

                                                                      P.T.O.
 OP (FC) No.701/2024                              2/3




                                             ORDER

The petitioners assert that the value in Exhibit P5 is based only on

one of the reports of the valuer relating to one extent of land, namely

5.91 Ares. He argues that the valuation of the property comprised of 8

cents (3.24 Ares) has not been taken into account.

We, therefore, direct the petitioners to take out notice to the

respondent by Special Messenger.

Registry will obtain a report from the learned Family Court, North

Paravur, whether the petitioners herein had made available two separate

valuation reports for the two extents of land, namely that comprised of 8

cents and 14.60 cents, respectively. The information shall be obtained by

phone or e-mail.

List on 18/11/2024. Until which time, all further action pursuant

to the impugned order shall stand deferred.

Sd/- DEVAN RAMACHANDRAN JUDGE

Sd/- M.B. SNEHALATHA JUDGE

15-11-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP (FC) 701/2024 Exhibit P5 TRUE COPY OF THE ORDER DATED 08-10-2024 IN EP NO.

12/2023 IN OP NO. 1591 OF 2018 OF THE FAMILY COURT PARAVUR.

Exhibit P6 TRUE COPY OF THE SALE PROCLAMATION DATED 24-10-2024.