IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 OP (FC).No. 1838 of 2011(R) ------------------------------------- PETITIONER (S):/JUDGMENT DEBTOR: ------------------------------------------------------- ABDUL JALEEL @ JALEEL, S/O.ALIYARU KUNJU CHARUVELA PUTHEN VEEDU, VELICHIKALA CHERI, NEAR AKV BRICKS COMPANY, PALLIMON VILLAGE. PRESENT ADDRESS: ABDUL JALEEL @ JALEEL,P.B.NO.8869 DEHA, QUARTER AGF, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SHRI.SHEREEF, CHARUVILA VEEDU, VELICHIKALA, KOLLAM. BY ADV. SRI.T.R.RAJAN RESPONDENT(S): DECREE HOLDER: --------------------------------------------------- SUMAYYA @ SONIYA, KOLLAVELA VEEDU, (PANAYIL VEEDU), KIZHAKKEKARA MUZIYIL, KOTTARAKARA VILLAGE-695 084. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPFC 1838 OF 2011 PETITIONER'S EXHIBITS: EXT.P1.PHOTOCOPY OF THE POWER OF ATTORNEY DATED 16.9.2010 EXECUTED BY THE PETITIONER IN FAVOUR OF HIS BROTHER SHRI.SHEREEF. EXT.P2.PHOTOCOPY OF THE APPLICATION IA 1913/2010 FILED BY THE PETITIONER TO SET ASIDE THE EXPARTE DECREE IN OP NO.96/2008. EXT.P3.PHOTOCOPY OF THE APPLICATION IA 1914/10 FILED BY THE PETITIONER TO CONDONE THE DELAY IN FILING THE APPLICATION TO SET ASIDE THE EXPARTE DECREE IN OP NO.96/2008. EXT.P4.PHOTOCOPY OF THE APPLICATION EA 128/10 FILED BY THE PETITIONER UNDER ORDER 21 RULE 21 TO KEEP THE EXECUTION PROCEEDINGS IN ABEYANCE. EXT.P5.PHOTOCOPY OF THE APPLICATION EA 152/10 FILED BY THE PETITIONER UNDER ORDER 21 RULE 29 CPC SEEKING STAY OF EXECUTION OF THE DECREE PENDING DISPOSAL OF IA 1913/10 AND 1914/10. EXT.P6.TRUE COPY OF THE ORDER DATED 17.1.2011 IN EA 128/10 AND EA 152/10 IN EP 20/10 IN OP NO. 96/08 OF THE FAMILY COURT, KOLLAM. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ O.P.(FC) No.1838 of 2011-R ---------------------------------------------- Dated, this the 10th day of June, 2011 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition read as follows: “i) to set aside the direction in Ext.P6 order dated 17.1.2011 in EA 152/10 directing the petitioner to deposit Rs.75,000/- and allow EA 152/10 in EP No.20/10 in OP No.96/2008 of the Family Court, Kollam. ii) to set aside the order dated 17.1.2011 in so afar as it dismissed EA 128/10 and allow EA 128/10 in EP No.20/10 in OP No.96/08 of the Family Court, Kollam.” 2. In this petition filed under Article 227, the brief facts pleaded by the petitioner are as follows: The respondent obtained a decree for recovery of money and maintenance against the petitioner. It was an exparte judgment. Petitioner filed EA 128/2010 under Order 21, Rule 26 to keep the execution proceedings in abeyance and EA 152/2010 under Order 21 Rule 29 CPC seeking stay of execution of the decree pending disposal of the application to set aside the exparte judgment accompanied by the application to condone the delay in filing the application to set aside the exparte judgment (Ext.P4 and Ext.P5). By Ext.P6 common order EA 128/2010 was dismissed and EA 152/2010 was allowed and execution is stayed subject to deposit of Rs.75,000/- OP(FC) 1838/2011 -2- as security. 3. We heard the learned counsel for the petitioner. The learned counsel for the petitioner is not in a position to establish before us that circumstances warrant interference under Article 227. We do not think that the order can be clubbed as illegal, without jurisdiction or with any jurisdictional infirmity. Then the learned counsel for the petitioner prays for time to make deposit ordered in Ext.P6. It is pointed out that in fact no time as such is fixed. In the circumstances of the case and in the nature of the order we propose to pass we think that it is not necessary to issue notice to the respondent. While confirming the order as such, we grant time to the petitioner to make deposit of Rs.75,000/- till 30.6.2011. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS