IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 11351 of 2009(R) -------------------------- OP.366/2006 of FAMILY COURT, THIRUVALLA .................... PETITIONER(S): RESPONDENTS 1 & 2 -------------------------------- 1. JAYAKUMAR,AGED 36 YEARS, S/O. RAVEENDRAKURUP,KANIYAKUNNIL KIZHKKETHIL VEEDU KODUMON CHEERA, KODUMON MURI, KODUMON VILLAGE, ADOOR TALUK. 2. RAVEENDRAKURUP, AGED 68 YEARS, KANIYYAKUNNIL,KIZHAKKETHIL VEEDU, KODUMON CHEERA, KODUMON MURI, KODUMON VILLAGE, ADOOR TALUK. BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------- RENUKA DEVI, AGED 29 YEARS, ASWATHY VILASAM, AIKKADU MURI, KODUMON VILLAGE, ADOOR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ W.P(C) No.11351 of 2009 ------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT BASANT, J. Petitioners have suffered an exparte order directing them to pay an amount of Rs.3,96,000/- along with interest to the claimant, ie. the wife of the 1st petitioner and the daughter in law of the 2nd petitioner. In that O.P filed as early as in 2006, the petitioners had entered appearance. But after some time they did not take part in the proceedings. This obliged the Family Court to pass an exparte order dated 13.06.07. The petitioner did not take any action and long later on 25.03.2009 they filed an application to set aside the exparte order to condone the delay of 618 days in filing the application to set aside the exparte order and to say further proceedings in execution till the other petitions are disposed of. These petitions are filed before the Family Court and they are pending before the Family Court. Exts.P2, P3 and P4 are the petitions. 2. The petitioners have now come before this Court with a short prayer that the Family Court may be directed to dispose W.P(C) No.11351 of 2009 2 of Exts.P2, P3 and P4 expeditiously. It is also prayed that there may be an interim direction not to proceed with the steps in execution till these petitions are disposed of. 3. We have heard the learned counsel for the petitioners. We have considered all the relevant inputs which have been made available to us. We are not persuaded to agree that there is any reason to stay the steps taken in execution. However, we are satisfied that the Family Court must attempt disposal of Exts.P2, P3 and P4 petitions as expeditiously as possible. The learned counsel for the petitioners was requested to explain whether he will be able to show his bona fide by depositing the entire principal amount due under the impugned exparte order. The petitioners' counsel is unable to make any specific commitment. In these circumstances we are satisfied that this Writ Petition can be allowed in part subject to conditions. 4. This Writ Petition is, in these circumstances, allowed in part subject to conditions. a) There shall be a direction to the Family Court to dispose of Exts.P2, P3 and P4 as expeditiously as possible. b) We are not persuaded to agree that any blanket directions for stay of execution need be issued. However, the W.P(C) No.11351 of 2009 3 Family Court shall not proceed with the execution if the petitioners, within a period of one months from this date, deposit the entire principal amount due under the impugned order before the Family Court. If the same is deposited, orders regarding release shall be issued subject to the final disposal of Exts.P2, P3 and P4 and till then the amount shall be kept in appropriate deposit in the discretion of the Family Court to avoid loss of interest for the successful party. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-