IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 OP (FC).No. 1093 of 2011(R) ------------------------------------- OP.428/2003 of FAMILY COURT, KANNUR .................... PETITIONER: E.K.MADHUSOODANAN, PULIYANGODE VEEDU, MANNA, P.O.VALAPATTANAM, KANNUR TALUK. BY ADV. SRI.B.PREMNATH (E) RESPONDENT: T.P.RAJASREE, PUTHALAVAN THAZHATH VEEDU, VALLITHODE, CHEMMARAVAYAL, P.O.MOTTAMMAL, KANNUR. BY ADV. SRI.P.M.PAREETH THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN OPFC 1093/2011 EXT. P1 TRUE COPY OF THE DECREE IN OP 428/03 DT. 7.1.05 OF THE FAMILY COURT, KANNUR EXT. P2 TRUE COPY OF THE EP 24/09 IN OP 428/03 BEFORE THE FAMILY COURT, KANNUR EXT. P3 TRUE COPY OF THE SALE PROCLAMATION ISSUED IN EP 24/09 IN OS 428/03 BEFORE THE FAMILY COURT, KANNUR /TRUE COPY/ Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. ------------------------------------------------- O.P.(FC)No.1093 of 2011 R ------------------------------------------------- Dated this the 18th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. This writ petition is filed from proceedings in the course of execution of an order passed by the Family Court. Respondent is entitled to a decree debt of `.58,996/- as per the execution petition. The sale was notified on 21.03.2011. On the basis of the interim orders, by now, petitioner deposited an amount of `.40,000/- before the court below. Out of that, `.25,000/- had already been withdrawn. This means, `.15,000/- is still in deposit. 2. Having considered the facts on merits and taking into consideration the relationship between the parties and quality of the contentions in law, we are satisfied that ends of justice would only require that petitioner pays a further amount of `.20,000/- to the respondent in satisfaction of the decree and respondent is permitted to withdraw the remaining amount in deposit. 3. For the aforesaid reasons, we direct the petitioner to deposit `.20,000/- before the court below on or before 30th of this OPFC 1093/2011 2 month without fail. Respondent will be entitled to withdraw such amount and the amount already lying in deposit. In such event, further proceedings will stand closed and the court below will close the EP without recording satisfaction of the decree, since learned counsel for the decree holder submits that there appears to be some left over yet to be put for recovery. It is further ordered that the time limit will not be extended under any circumstance. If deposit as aforesaid is not made, this original petition will stand dismissed and the court below will immediately list the matter for further proceedings on the strength of Exhibit P3 without any fresh notice or notification. Original petition is ordered accordingly. (Thottathil B.Radhakrishnan, Judge) (C.T.Ravikumar, Judge) tkv