IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 505 of 2009(S) ------------------------ MC.76/2007 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- BADARUDHEEN, S/O.THANGAL KUNJU CHINGOLI CHIRAMEL PADINJATTATHIL CHAKKANATTUVILAYIL, KARTHIKAPPALLY TALUK ALAPPUZHA. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S): --------------- 1. MUMTHAS, D/O.LATE JAFER KUNJU NASAR, MANZIL, KUTTATHUVILA, VADAKKEVILA VILLAGE, KOLLAM. 2. FATHIMA, 5 YEARS(MINOR), REP. BY HER MOTHER, AND NEXT FRIEND, MUMTHAS, DO.DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & C.T.RAVIKUMAR, JJ. ------------------------------- W.P.(C) No.505 of 2009 ------------------------------- Dated this the 9th January, 2009 J U D G M E N T Raman, J. The petitioner is the counter petitioner in a petition for maintenance filed by the wife. It was decreed ex parte. He has preferred an application to set aside the ex parte order and since the application was belatedly filed, he has also filed an application for condonation of delay to set aside the ex parte order. Both these applications are posted to 19.1.2009. In the meanwhile, the order of maintenance passed by the court below is sought to be executed. Hence this writ petition. 2. In the view we are taking, it is not necessary to issue notice to respondents. In the facts situation, as stated above, the execution proceedings will stand stayed, so as to enable the Family Court to dispose of the applications filed by the W.P.(C) No.505 of 2009 2 petitioner, however, on condition that the petitioner shall deposit an amount of Rs.25,000/= within two weeks from today. The writ petition is disposed of as above. P.R.RAMAN, JUDGE C.T.RAVIKUMAR, JUDGE. nj.