IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 OP (FC).No. 768 of 2011(R) -------------------------- OS.394/2003 of FAMILY COURT,KOLLAM .................... PETITIONERS ------------------------------- 1. SHAHUL HAMEED, S/O. RAJA HUSSAIN, SOFIYA MANZIL, EDAKULANGARA.P.O., KALLELIBHAGAM, KARUNAGAPPALLY, KOLLAM. 2. RAMLA BEEVI, W/O. SHAHUL HAMEED, SOFIYA MANZIL, EDAKULANGARA.P.O., KALLELIBHAGAM, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: --------------- 1. SHEEJA, D/O. LIPLABDEEN, KALLIDANTHEYIL, PALACE WARD, KOLLAM. 2. K.A. NOUSHAD, S/O. ABDULLAKUTTY, KUTTIYIL VEEDU, EDAKULANGARA, KALLELIBHAGAM, KARUNAGAPPALLY, KOLLAM. THIS O.P. (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(FC).No. 768 of 2011 R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2011 JUDGMENT Joseph, J. The petitioners have approached this Court seeking the following reliefs: i) to direct the court below to consider and dispose of Ext.P2 petition expeditiously, at any rate, before conducting sale of the petitioners' property comprised in Block No.14 of field No.18/7 of Kallelil Bhagam Village and covered by Sale Deed No.2672/2003; ii) direct the court below to adjourn the sale of the petitioners' property comprised in Block No.14 of field No.18/7 of Kallelil Bhagam Village and covered by Sale Deed No.2672/2003, till a decision is taken on Ext.P2 petition.” O.P.(FC).No. 768 of 2011 2 2. The case of the petitioners is as follows in brief. The petitioners are husband and wife. They purchased 8 cents of property from the second respondent, who is the brother of the second petitioner. The first respondent is the wife of the second respondent. O.S.No. 394 of 2003 was filed by the first respondent, in collusion with the second respondent, for realisation of money and gold ornaments allegedly due from the second respondent. An ex parte decree was also obtained. The petitioners' property was attached before judgment as per order dt. 26.9.2003. The petitioners were not aware of the order of attachment. 3. The petitioners have filed Mat.A.No. 161 of 2011 before this Court along with a petition to condone the delay in filing the same. Pending consideration of Exdt.P1 appeal, the property was ordered to be sold in execution of the decree in O..No. 394 of 2003. They also filed Ext.,P2 petition seeking stay of sale of the property. But the court has posted the application to 24.2.2011, on which date the O.P.(FC).No. 768 of 2011 3 property is sought to be sold in execution of the decree in O.S.No. 394 of 2003. Hence this Writ Petition. 4. We heard learned counsel for the petitioner. 5. Having heard learned counsel for the petitioners, we dispose of the Writ Petition directing the Family Court, Kollam to consider and take a decision on Ext.P2. We make it clear that we have not expressed any view on the merits of the matter. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm