IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 27630 of 2009(R) -------------------------- AGAINST THE ORDER DATED / / IN EP 31/08 IN OP.1351/2003 of FAMILY COURT, ALAPPUZHA .................... PETITIONER: --------------- VARGHESE ZACHARIA @ K.S.VARGHESE KANIANTHARA VEEDU, KANDATHILPADY THIRUVANVANDOOR PO, THIRUVANDOOR VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT: --------------- ELIZABETH @ MINI D/O. CHERIYAN, ANGADIYIL PULLATT VEEDU ANJILITHANAM MURI, KUNNAMTHANAM VILLAGE MALLAPPALLY TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.27630 OF 2009 ----------------------------------------------------- DATED THIS THE 1st DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. The petitioner along with his son has suffered a decree for payment of money as per order of the Family Court, Thiruvalla in O.P.No.1361/2003. The said order has now become final without challenge. The wife/claimant has taken steps for execution of the said order which has already become final. The petitioner has raised various objections. Steps are in progress in the execution proceedings. At this juncture, the petitioner has rushed to this Court with this Writ Petition with the prayer that execution of the order may be stayed and for giving further time for the petitioner to discharge the liability under the decree. 2. The only ground raised is that certain objections have been raised before the execution court which objections have not been considered by the said Court. 3. We are not persuaded to agree with the learned counsel for the petitioner that the extraordinary constitutional jurisdiction under Article 227 can or need be invoked on the W.P.(C)No.27630/09 -2- averments made. The petitioner, needless to say, shall be entitled to raise all his objections and the Family Court will have to consider such objections and pass orders. Avenues, if any, available in law to challenge such order shall remain unfettered. This Writ Petition is in these circumstances dismissed with the above observations. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn