IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 OP (FC).No. 196 of 2011(R) -------------------------- AGAINST THE ORDER IN IA.39/2011,IA.40/2011 IN OP.407/2010 of FAMILY COURT, KOTTAYAM .................... PETITIONER ------------------- VINO JOSE, AGED 30 YEARS, S/O. JOSEPH, POTTANGAYIL HOUSE, KUMARANALLOOR P.O., PERUMBAIKKATTUSSERY KARA, PERUMBAIKKAD VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): --------------- SARIKA SASI, AGED 24 YEARS, D/O. SASI, KANDATHILGARA HOUSE, KUDAMALOOR KARA, AYMANAM VILLAGE, KOTTAYAM TALUK. THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF COMMON JUDGMENT IN O.P.406 & 407 OF 2010. EXT.P2 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A. 39/11. EXT.P3 TRUE COPY OF APPLICATION SUBMITTED FOR EXECUTION OF THE DECREE. EXT.P4 TRUE COPY OF MEMORANDUM OF EXECUTION PETITION NO.154/10. EXT.P5 TRUE COPY OF NOTICE ISSUED BY THE FAMILY COURT, KOTTAYAM IN E.P. 154/10. /TRUE COPY/ K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(FC).No. 196 of 2011 R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2011 JUDGMENT Joseph, J. The petitioner has filed this Original Petition seeking the following reliefs: “i) issue a direction directing the Family Court, Kottayam not to proceed with sale of immovable property belonging to the petitioner, which is scheduled on 17.1.2011 pursuant to Ext.P1 ex parte decree till the disposal of I.A. No.39/11 and 40/11 filed for setting aside the ex parte decree and petition for staying the operation of ex parte decree. ii) issue direction directing the Family Court, Kottayam to dispose of I.A. No.39/11 and 40/11 in O.P. 407/10 within such time that this Hon'ble Court O.P.(FC).No. 196 of 2011 2 may deem fit to grant in the facts and circumstances of the case. iii) issue direction to the Family Court not to proceed with sale of petitioner's property. 2. Briefly the case of the petitioner is as follows. The petitioner is the respondent in O.P. No. 407 of 2010 on the file of the Family Court, Kottayam. The said petition was filed by the respondent/wife for return of gold ornaments and money. The same was allowed in part. It was passed ex parte. The petitioner filed applications to set aside the ex parte decree and for stay of execution of the ex parte decree. There was an application to condone the delay also. In the meanwhile execution proceedings are. at the fag end. The property of the petitioner was put for attachment and auction sale. 3. We called for a report from the Family Court, Kottayam. It is, inter alia, stated in the report that I.A. Nos. 39 of 2011 and 40 of 2011 were posted for objection on 17.1.2011 and on that day they O.P.(FC).No. 196 of 2011 3 were adjourned for evidence to 27.1.2011. E.P. 154 of 2010 stands posted to 2.2.2011 for return of Rule 66 notice. As per order dt.1.1.2011 certain conditions were imposed on the petitioner. But the petitioner has not complied with the conditions. We are not inclined to give any direction. The report of the Family Court, Kottayam is taken on record and the Original Petition is closed. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm