IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 OP (FC).No. 1678 of 2011(R) --------------------------------------- OP.841/2007 of FAMILY COURT, MALAPPURAM .................... PETITIONER (S): ------------------------- 1. SIDDIQUE K.K, AGED 30 YEARS, S/O.SHAMSOO, SIDDIQUE HOUSE, THOTTAMKUNIPADAM, NALLALAM, KOZHIKODE DISTRICT. 2. UMMAYYA KUTTY, AGED 58 YEARS, W/O.MOIDEEN KOYA,SIDDIQUE HOUSE, THOTTAMKUNIPADAM, NALLALAM, KOZHIKODE DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): ------------------------- 1. SUBHAIRAT, D/O.MARAKKARKUTTY, AGED 30, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT- PIN-376 310. 2. MOHAMMED IRSHAD, AGED 20 YEARS,(MINOR), S/O.SIDDIQUE, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT,PIN-376 310. 3. MOHAMMED IRFAD, AGED 7 YEARS,(MINOR), S/O.SIDDIQUE, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT,PIN-376 310. 4. IRFANA, AGED 5 YEARS,(MINOR), S/O.SIDDIQUE, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT,PIN-376 310. (MINOR RESPONDENTS 2 TO 4 ARE REPRESENTED BY GUARDIAN MOTHER IST RESPONDENT AS IN THE COURT BELOW). ADV. MOHAMMED SHAFI THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(FC) NO.1678/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MEMORANDUM OF ORIGINAL PETITION FILED AS OP. 841/07 ON THE FILES OF FAMILY COURT MALAPPURAM DT.D 15.12.2007. P2:- COPY OF THE EXPARTY JUDGMENT IN MC. 900/07 DTD. 5.5.08 OF THE FAMILY COURT, MALAPPURAM. P3:- COPY OF THE EXPARTY JUDGMENT IN OP. 841/07 OF THE FAMILY COURT, MALAPPURAM DTD. 5.5.08. P4:- COPY OF THE ORDER IN RP.(FC) NO.447/09 DTD. 23.12.2008 OF THIS HONOURABLE COURT. P5:- COPY OF THE ORDER IN MAT. APPEAL NO.944/07 OF THIS HONOURABLE COURT DTD. 9.12.2009. P6:- COPY OF THE COMMON ORDER OF THE FAMILY COURT MALAPPURAM DTD. 31.3.2010. P7:- COPY OF THE AD-INTERIM INJUNCTION IN EP. 1/2011 ON THE FILES OF FAMILY COURT, KOZHIKODE DT.D 15.1.2011. P8:- COPY OF THE ORDER IN OP(FC) 488/2011 DTD. 31.3.2011. P9:- COPY OF THE AFFIDAVIT AND PETITION FILED BEFORE THE FAMILY COURT, KOZHIKODE DT.D 5.4.2011. P10:- COPY OF THE ORDER IN EA. 21/2011 IN EP. 1/11 ON THE FILES OF THE FAMILY COURT, KOZHIKODE DT.D 7.4.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss Thottathil B.Radhakrishnan & K.Surendra Mohan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = O.P.(FC).1678 of 2011-R & I.A.10450 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of July, 2011. Judgment Thottathil B.Radhakrishnan, J. We have heard the learned counsel for the petitioners and the learned counsel for the respondents. The Family Court issued an ex parte decree in O.P.841 of 2007. That was put in execution. The Family Court issued Ext.P7 order. The judgment debtors want that order to be lifted. They say that they would provide bank guarantee for the decree amount. The execution petition amount comes to nearly 3.5 lakhs. This includes amounts towards past maintenance. The decree holders are the wife and three children of the first petitioner. We, therefore, direct that Ext.P7 attachment will be lifted by the court below, if OPFC1678/11 -: 2 :- the petitioners remit an amount of Rs.1 lakh before the court below and provide bank guarantee for the remaining amount as may be due in terms of the execution petition as on the date on which the petitioners may submit their application for lifting the attachment, following this judgment. We further order that the decree holders will be at liberty to withdraw Rs.1 lakh on furnishing security to the satisfaction of the court below. All these will be subject to any further proceedings on the trial side since the petitioners intend to prosecute the application to set aside the ex parte decree, following an order of remit made by us in O.P.(FC)No.488 of 2011. The original petition and I.A.10450 of 2011 are ordered accordingly. Thottathil B.Radhakrishnan, Judge. K.Surendra Mohan, Judge. Sha/1207