Kerala High Court
Varsha Vincent vs Vipin Thomas on 3 February, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
MA (EXE.) NO. 2 OF 2025
AGAINST THE ORDER DATED 31.12.2024 IN EA NO.4 OF 2024 IN EP
NO.12/2023 in OP No.1591/2018 OF FAMILY COURT, NORTH PARAVUR
APPELLANTS/RESPONDENTS:
1 VARSHA VINCENT, AGED 32 YEARS
D/O. VINCENT O.A, OLATTUPURAM HOUSE, PUTHENVELIKARA
POST, ERNAKULAM DISTRICT, PIN - 683504
2 VINCENT O.A., AGED 62 YEARS
S/O. ANTHAPPAN, OLATTUPURAM HOUSE, PUTHENVELIKARA POST,
ERNAKULAM DISTRICT, PIN - 683594
VINOD VALLIKAPPAN
S.SUMITHA
ANJALI DEVADAS
SREELAKSHMI G.
RESPONDENT/PETITIONER:
VIPIN THOMAS, AGED 40 YEARS
S/O.THOMAS, PANAKKAL HOUSE, THURUTHOOR,
PUTHRNVELIKARA POST, ERNAKULAM DISTRICT, PIN - 683594
SRI V K BALACHANDRAN
THIS MAT APPEAL (EXECUTION) HAVING COME UP FOR ADMISSION ON
03.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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2
JUDGMENT
This appeal is against the order of the learned Family
Court, North Paravur, in EA No.4/2024 in EP No.12/2023 in OP
No.1591/2018.
2. Compendiously, the respondent obtained decree in
OP No.1591/2018 and levied execution, by filing EP No.12/2023.
The property of the petitioners was put to sale and the
respondent purchased it.
3. It transpires that, even prior to the actual sale, the
petitioners had filed EA No.4/2024 invoking the provisions of
Order XXI Rule 83 of the Code of Civil Procedure (CPC), seeking
that the sale be adjourned, so as to permit them to sell one of
the items of the properties privately, to discharge their debt
under the decree. The learned Family Court, however,
dismissed the above said application finding that it had been
filed without bona fides and only to protract the proceedings. It
is also on record that, subsequently, on 07.01.2025, the
property was sold in auction and purchased by the respondent
since there were no other bidders.
4. Sri.Vinod Vallikappan - learned counsel for the
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appellants, argued that his clients' intention is not to frustrate
the decree, but to honour it fully; and that they are in the
process of identifying a purchaser for the sale of the property,
so that it can be done without any prejudice to the respondent
also. He sought six months' time to pay off the entire amount
involved; and prayed that the impugned order be set aside.
5. We must record with appreciation that
Sri.V..K.Balachandran - appearing for the respondent, submitted
that his client's intention is not to grab the property, but only to
obtain the fruits of the decree obtained by him. He added that,
therefore, if this Court is inclined to allow the appellants to pay
off the entire amount under the decree, it may be done, but
fixing a maximum time frame of three months from now.
6. Sri.Vinod Vallikappan - learned counsel for the
appellants, responded, requesting a minimum of four months
time, saying that his clients have been able to find a purchaser
but that the transaction is delayed only because of the pending
legal proceedings.
7. We propose to accept the afore suggestion of
Sri.Vinod Vallikappan singularly because, we are of the view
that it will be beneficial to both sides since the issues can be
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settled amiably. We also persuaded to such course because
though the impugned order was issued on 31.12.2024, this
appeal was filed only on 23.01.2025, by which time, the sale had
taken place.
8. In the afore circumstances, we allow this appeal, but
clarifying that the order of the learned Family Court is
unnecessary to be interfered with, since it is essentially one
issued under the provisions of Order XXI Rule 83 of the CPC,
which has now become redundant on account of the sale
admittedly completed.
9. However, we leave liberty to the appellants to
deposit an amount of Rs.84 lakhs, being the decree amount
along with necessary compensation to the respondent, before
the learned Family Court, within a period of four months from
the date of receipt of a copy of this judgment.
10. To paraphrase, if the appellants are to find a
private purchaser for the property and to deposit the money in
the learned Family Court,, then the sale conducted by it will
stand set aside and the title will be transferred in favour of the
purchaser as per law, without any avoidable delay thereafter.
11. It goes without saying that if the afore directions
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are violated by the appellants, and if the amounts are not paid
within the time frame fixed, then the benefit of the judgment
will be lost to them and the learned Family Court will be at full
liberty to confirm the sale and transfer property in favour of the
respondent as per law.
To facilitate the afore, we order that the interim order
granted by this Court on 31.01.2025, namely directing the
learned Family Court not to confirm the sale, will continue until
the above fixed period of four months.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Sd/- M.B. SNEHALATHA
JUDGE
stu
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APPENDIX OF MA (EXE.) 2/2025
PETITIONER ANNEXURES
Annexure A-1 THE TRUE COPY OF THE PETITION EP NO. 9 OF
2019 BEFORE THE FAMILY COURT, ERNAKULAM,
DATED 01- 02-2019
Annexure A-2 THE TRUE COPY OF THE VALUATION REPORT DATED
27-12-2021 IN EP NO. 9 OF 2019
Annexure A-3 THE TRUE COPY OF THE DRAFT SALE
PROCLAMATION IN EP NO 12/2023 IN OP NO
1591/2018 DATED 10.04.2024 OF FAMILY COURT,
NORTH PARAVUR
Annexure A-4 TRUE COPY OF THE OBJECTION DATED 04.06.2024
Annexure A-5 TRUE COPY OF THE ORDER DATED 08-10-2024 IN
EP NO. 12/2023 IN OP NO. 1591 OF 2018 OF
THE FAMILY COURT NORTH PARAVUR
Annexure A-6 TRUE COPY OF THE JUDGMENT DATED 19-11-2024
IN OP ( FC ) NO. 701 OF 2024
Annexure A-7 TRUE COPY OF THE ORDER DATED 05-12-2024
Annexure A-8 TRUE COPY OF THE APPLICATION NUMBERED AS EA
NO. 4 OF 2024 IN EP NO. 12 OF 2023 DATED
13- 12-2024 ON THE FILES OF THE FAMILY
COURT, NORTH PARAVUR
Annexure A-9 THE CERTIFIED COPY OF THE ORDER DATED 31-
12-2024 OF THE FAMILY COURT, NORTH PARAVOOR
IN EA NO. 4 OF 2024 IN EP NO. 12 OF 2023 OF
THE FAMILY COURT, NORTH PARAVUR
