IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 6984 of 2009(R) ------------------------- AGAINST THE ORDER IN IA 312 & 313/08 IN MC.4/2003 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------- A.BABU, KINATTINKARA VEEDU, THIRUPURAM, NEYYATTINKARA. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. LALITHAMBIKA, D/O.CHELLAPPAN, KANAVILA VEEDU, S.T.MANKADU, VILAVANCODE TALUK, KANYAKUMARI DISTRICT. 2. AARKSHYA, KANAVILA VEEDU, S.T.MANKADU, VILAVANCODE TALUK, KANYAKUMARI DISTRICT, (MINOR REP. BY HER MOTHER, IST RESPONDENT). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.6984 of 2009 ------------------------------- Dated this the 6th March, 2009 J U D G M E N T Raman, J. This is a petition seeking early disposal of I.A.Nos.312 and 313 of 2008 in M.C.No.4 of 2003, on the file of Family Court, Thiruvananthapuram. M.C. 4 of 2003 was disposed of ex parte against the petitioner, and the execution petition is pending. To set aside the ex parte order, after condoning the delay, the above applications are filed. 2. We cannot say that there is inordinate delay in disposing of the petition, obviously for the reason that those petitions are filed in the year 2008. However, since the execution has already commenced and arrest warrant is issued, the petitioner has to pay some amount towards the decree amount. He also expressed his desire to make further deposit of the amount, as directed by this Court. W.P.(C) No.6984 of 2009 2 3. Considering the factual circumstances, the petitioner shall deposit an amount of Rs.10,000/= within a period of one month, and on such deposit, if he moves an application for early disposal of I.A.Nos.312 and 313 of 2008 now pending, the Family Court, Thiruvananthapuram, shall dispose of those applications without further delay. So as to enable the petitioner to comply with the above condition, and for enabling the Family Court to dispose of those applications, it is only appropriate that the execution petition, if any, now pending before the Family Court will be kept in abeyance for a period of one month. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.