IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 23839 of 2008(S) -------------------------- PETITIONER: --------------- SURESHKUMAR, ANTHITHOPPIL VEEDU, MURUKKUMPUZHA, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD RESPONDENTS: --------------- 1. SHAILA, KODIKKATTUVILA, MUDAPURAM P.O., CHIRAYINKIL, THIRUVANANTHAPURAM. 2. KRISHNA, AGED 12 YEARS, RESIDING AT DO... DO....MINOR, REPRESENTED BY HER MOTHER AND GUARDIAN, THE I ST RESPONDENT. 3. AMMU, AGED 11 YEARS, RESIDING AT DO. DO. MINOR, REPRESENTED BY HER OTHER AND GUARDIN, THE IST RESPONDENT. ADV. SRI.M.R.RAJESH FOR R1-R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.23839/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE JUDGMENT IN O.P.1032/05 DATED 20.5.06 OF THE FAMILY COURT, NEDUMANGAD. EXT.P2: TRUE COPY OF THE application NO.E.A.65/08 IN E.P.70/07 FILED UNDER ORDER 21 RULE 26 BEFORE THE FAMILY COURT, NEDUMANGAD. EXT.P3: TRUE PHOTOCOPY OF THE ORDER DATED 1.7.08 IN E.A.NO.70/07 IN O.P.1032/05 OF THE FAMILY COURT, NEDUMANGAD. R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.23839 OF 2008 ----------------------------------------------------- DATED THIS THE 28th DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. Against the petitioner herein, an ex parte order obliging him to pay amounts to the respondents/claimants/his wife and children has been passed by the Family Court in O.P.No.1032/2005. That order was sought to be executed. It is during the pendency of the proceedings for execution of the order in O.P.No.1032/2005 in E.P.No.70/07 that the petitioner had come to this Court with this Writ Petition. During the pendency of the Writ Petition, an amount of Rs.1 lakh has already been deposited and the same has already been released to the claimants. 2. It is submitted that I.A.Nos.745/08 and 746/08 are pending before the Family Court , Nedumangad. The learned counsel for the petitioner now prays that there may be a direction to the Family Court, Nedumangad to dispose of I.A.Nos.745/08 and 746/08 pending before that court as expeditiously as possible - at any rate within a stipulated period. There may be a W.P.(C)No.23839/08 -2- further direction that execution proceedings should not continue in the meantime, it is prayed. The learned counsel submit that the parties are contemplating settlement of their disputes also. 3. We are satisfied, in these circumstances, that this Writ Petition can be allowed as agreed. There shall be a direction to the Family Court, Nedumangad to dispose of I.A.Nos.745/2008 and 746/2008 as expeditiously as possible - at any rate, within a period of 60 days from this date. There shall be a further direction that execution proceedings to execute the ex parte order in O.P.No.1032/2005 shall not be continued and shall be kept in abeyance for a period of 60 days from this date. This Writ Petition is accordingly allowed to the above extent. 4. Hand over copy of this judgment to the learned counsel for the petitioner. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn