IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 30910 of 2009(R) -------------------------- OS.92/1998 of FAMILY COURT,KOLLAM EP.35/2007 of FAMILY COURT, ALAPPUZHA .................... PETITIONER(S)/JUDGMENT DEBTORS 5, 4 & 3: ------------------------------------------------------- 1. MOHANAN NAIR, AGED 49 YEARS, SON OF PARAMESWARAN NAIR, THAKIDIYIL VEEDU, PENNUKKARA THEKKE MURI, PENNUKKARA P.O., AAZHA VILLAGE, CHENGANNOOR TALUK, ALAPPUZHA DISTRICT. 2. K.P.PONNAMMA, THAKIDIYIL VEEDU, PENNUKKARA THEKKE MURI, PENNUKKARA P.O., AAZHA VILLAGE, CHENGANNOOR TALUK, ALAPPUZHA DISTRICT. 3. GOURIKUTTY AMMA, THAKIDIYIL VEEDU, PENNUKKARA THEKKE MURI, PENNUKKARA P.O., AAZHA VILLAGE, CHENGANNOOR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.B.CHANDRA LAL RESPONDENT(S)/DECREE HOLDERS 1 TO 3: ------------------------------------------------------------- 1. PRASANNA, CHAMAVILA PUTHEN VEEDU, PUNAKKANNOOR MURI, PERUMPUZHA P.O., MAMOODU, KOLLAM. 2. GAYATHRI, AGED 14 YEARS, CHAMAVILA PUTHEN VEEDU, PUNAKKANNOOR MURI, PERUMPUZHA P.O., MAMOODU, KOLLAM, REPRESENTED BY IST RESPONDENT. 3. ABHILASH, AGED 10 YEARS, CHAMAVILA PUTHEN VEEDU, PUNAKKANNOOR MURI, PERUMPUZHA P.O., MAMOODU, KOLLAM, REPRESENTED BY IST RESPONDENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.30910 OF 2009 ----------------------------------------------------- DATED THIS THE 30th DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. The petitioners have come before this Court with a prayer that further steps in pursuance of Exhibit P1 order may be stayed till the disposal of Exhibit P7 application. 2. To the short facts first: The respondents had filed O.S.No.92/1998 before the Family Court, Kollam arraying the petitioners herein as well as the husband of the first respondent and his father as respondents. The claim in that O.S. was for amounts due by way of maintenance, return of money, ornaments, etc. That petition was disposed of ex parte by Exhibit P3 order dated 1.1.2004. An application was filed to set aside the ex parte order - allegedly on 26.1.2004. That application was dismissed for default on 22.5.2007. E.P.No.35/07 was filed by the respondents for execution of that ex parte order, by sale of an item of property. As the property was situated within the jurisdiction of the Family Court, Alappuzha, the decree was transmitted to that court for execution. Before that court, steps W.P.(C)No. 30910/09 -2- for execution are in progress. Exhibit P1 order has already been passed settling the proclamation. The matter (E.P.) is posted for sale to 06.11.2009, it is submitted. 3. According to the petitioners, Exhibit P7 application for restoration of the said petition to set aside the ex parte order which happened to be dismissed for default on 22.5.2007 has been filed before the Family Court, Kollam as early as on 18.12.2007 and the same is continuing to be pending. According to the petitioners, that application has not been disposed of. It would cause very great hardship and loss to the petitioners, if sale were to take effect before the said application is disposed of. 4. The husband of the first respondent is absconding and has not appeared before court. His father has expired during the pendency of the proceedings. 5. In response to our specific query, the learned counsel for the petitioners submits that the petitioners are willing to show their bona fides by depositing an amount of Rs.25,000/-. We reckon the offer as reasonable and genuine. 6. In the circumstances of the case and considering the W.P.(C)No. 30910/09 -3- nature of the relief that we propose to grant, we are satisfied that it is not necessary to wait for issue and return of notice to respondents 7. In the result: (a) this Writ Petition is allowed. (b) we accept the offer of the learned counsel for the petitioners in response to our query that an amount of Rs.25,000/- (Rupees Twenty Five Thousand only) shall be deposited forthwith before the Family Court, Alappuzha. Such deposit shall be made before 06.11.2009. (c) If the amount is deposited as directed, further steps shall not be taken in E.P.No.35/2007 for sale of the property by the Family Court, Alappuzha. Further steps in the said E.P. shall be kept in abeyance for a period of 60 days. 8. There shall be a direction to the Family Court, Kollam to dispose of Exhibit P7 application (i.e., I.A.No.2839/07) as expeditiously as possible - at any rate within a period of 60 days W.P.(C)No. 30910/09 -4- from the date on which a copy of this judgment is placed before the said court by the petitioners herein. Compliance shall be reported to this Court by the Family Court, Kollam. 9. The Family Court, Alappuzha shall receive the amount and retain the same in fixed deposit in any nationalised bank such that the principal amount along with interest accrued can be released to the person entitled to the amount, subject to the decision in Exhibit P7 by the Family Court, Kollam. 10. Hand over copy of this judgment to the learned counsel for the petitioners forthwith. If the amount is not deposited by 06.11.2009, the direction to the Family Court, Alappuzha to keep the execution petition in abeyance, shall not operate. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn