IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 OP (FC).No. 366 of 2010(R) -------------------------- OP.1136/2006 of FAMILY COURT,ERNAKULAM .................... PETITIONER ------------------------------ AMMINI, W/O.KOCHU BAVA, AGED 64 YEARS, KANCHIYATH HOUSE, KAMMATTIPADAM, COCHIN-2. BY ADV. SRI.A.S.SASIDHARAN RESPONDENT(S): --------------- SHALINI M.P., MOOLAZHATHARA HOUSE, NADUVATH NAGAR P.O., CHERTHALA-688 524. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- O.P.(FC) No.366 of 2010-R ------------------------------------------------- Dated this the 16th day of November, 2010 JUDGMENT Basant,J.] We have perused the further report dated 11/11/10. submitted by the Family Court. 2. This judgment must be read in continuation of the earlier orders passed by us in the matter resting with the order dated 8/11/10. 3. The learned counsel for the petitioner submits that I.A.No.4046/10 has already been heard on 15/11/10 and the same stands posted for orders to 18/11/10. In these circumstances, no further directions are necessary in this O.P. (FC), submits the learned counsel for the petitioner. 4. We accept the submission of the learned counsel for the petitioner. This Original Petition is, in these circumstances, O.P.(FC) No.366 of 2010 -: 2 :- dismissed. We make it clear that the dismissal of this Original Petition shall not, in any way, fetter the right of the petitioner to challenge the order in I.A.No.4046/10 if such challenge becomes necessary. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge O.P.(FC) No.366 of 2010 -: 3 :- R. BASANT & M.L. JOSEPH FRANCIS, JJ. ------------------------------------------------- O.P.(FC) No.366 of 2010 ------------------------------------------------- Dated this the 19th day of October, 2010 ORDER Basant,J. The short grievance of the petitioner is that proceedings in execution of an ex parte decree by sale of an item of property are in progress notwithstanding the pendency of an application filed by him. 2. The proceedings were initiated in 2006. The petitioner had entered appearance. Long later on 10/4/07 the ex parte order was passed. Proceedings were initiated in execution and at that stage in 2010 the petitioner filed an application to set aside the ex parte order along with an application to condone the long delay of above 3 years. 3. That petition, when it came up for hearing, was dismissed for default. Promptly an application was filed to restore the said petition dismissed for default. That petition Ext.P2 (I.A.No.127/10) is pending. That has not been disposed of; but steps for execution by sale of an item of property O.P.(FC) No.366 of 2010 -: 4 :- belonging to the petitioner is in progress. 4. Call for a report from the Family Court as to why I.A.No.127/10 is pending even now. We expect the Family Court to dispose of said I.A. as expeditiously as possible - at any rate, prior to 6/11/10. The report must reach this Court by 8/11/10. 5. It is prayed that steps in execution by sale may be stayed. We take note of the background of the case and direct that if the petitioner deposits 50% of the amount due under the impugned decree within a period of 15 days from this date, there shall be stay of further proceedings in execution. If the amount is not deposited within two weeks i.e., on or before 2/11/10, the proceedings in execution can continue. 6. Await report of the Family Court. Call on 8/11/10. R. BASANT (Judge) M.L. JOSEPH FRANCIS (Judge) dl