IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 25197 of 2009(S) -------------------------- AGAINST THE ORDER IN EP.115/2008 IN OP.973/2003 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- SURESH KUMAR M.G.MURINGOOR HOUSE, PATHANADU P.O.,KANGAZHA VILLAGE, CHANGANASSERRY. BY ADV. SRI.LALJI P.THOMAS RESPONDENT(S): --------------- MRS. REMADEVI, W/O. SURESH KUMAR M.G. IRUMPINIKKAL HOUSE,NOORAMAVU P.O. ANICADU, PATHANAMTHITTA DISTRICT. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.25197 of 2009 ---------------------------------------- Dated this the 7th day of September 2009 J U D G M E N T Basant,J The petitioner has suffered an order obliging him to pay amounts to the respondent herein, his wife. That order has been passed ex parte. The same has already become final. The ex parte decree has been passed as early as on 17/10/2003. The respondent has taken steps for execution of that order. Steps in execution have already been initiated. It is submitted at the Bar that sale by auction has already been effected. 2. At this juncture, the petitioner has come to this court with this petition under Article 227 of the Constitution of India. What is his grievance? What is his prayer? The learned counsel for the petitioner submits that the petitioner needs some time to take necessary steps. Steps for what? It is submitted that an application to set aside the ex parte order has already been filed. It is further submitted that to make payments also, he needs further time. W.P.C No.25197/09 2 3. We are not in the least satisfied with the prayer made in this petition. The petitioner, who had suffered an ex parte order, must have taken steps to challenge the same if he wishes to do so. He has not made the payment under the impugned order. At this belated hour, we find no merit in his contention that he must be granted further time to make the payment. He can make whatever prayers which are legally permissible and possible before the execution court. We are not persuaded to agree that extra ordinary constitutional jurisdiction under Article 227 of the Constitution of India can, need or deserves to be invoked. 4. This writ petition is accordingly dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.25197/09 3 W.P.C No.25197/09 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009