IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34388 of 2008(S) -------------------------- AGAINST THE ORDER E.A.NO.107/2008 IN E.P.NO.27/2007 AND IA.2617/08 IA 2616/08 IN OP.256/2006 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- ARUN MATHEW, AGED 29 YRS, S/O.M.V.MATHUKUTTY, KARUVELIL VEEDU, HOUSE NO. 32/1869-A,NETHAJI ROAD, MAMANGALAM, EDAPPALLY REPRESENTED BY POWER OF ATTORNEY HOLDER P.C.MARIYAKUTTY, W/O.M.V.MATHUKUTTY, DO. DO. DO. BY ADV. SRI.H.SIVARAMAN SRI.MATHEW CHERIAN RESPONDENT(S): --------------- ROSHIN MARIYA BABU, AGED 28 YEARS, D/O.THOMAS BABU, KAITHAYIL VEEDU,KANJIKUZHI, MUTTAMBALAM VILLAGE, KOTTAYAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34388/2008-S ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of November, 2008. J U D G M E N T Raman, J. The first respondent in matrimonial dispute, O.P.No.256/2006 filed by the wife before the Family Court, Kottayam,, is the petitioner herein. That was a petition for return of money and gold ornaments which was eventually decreed declaring the petitioner ex parte. Petitioner has thereafter filed an application (Ext.P3) seeking to set aside the ex parte decree after condoning the delay (Ext.P4). Since no orders are passed thereon and in the meantime the respondent herein has sought to execute the ex parte decree and is bringing property for sale, this writ petition is filed. 2. In the view we take, it is not necessary to issue notice to the respondent. The limited prayer being to direct the Family Court to dispose of Exts.P3 and P4 expeditiously before the sale of the property, which will in no way adversely affect the right of the respondent, we dispose of the writ petition as follows:- i. The Family Court will dispose of Exts.P3 and P4 expeditiously at any rate within a period of three months. W.P.(C) No.34388/2008 -:2:- ii. The sale of the property in execution of the decree in E.P.No.27/2007in O.P.No.256/2006 be adjourned till then. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms