IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 5707 of 2008(S) ------------------------- AGAINST THE ORDER IN OP.612/99,OP.1199/05 IN MC.326/1999 of FAMILY COURT,THRISSUR .................... PETITIONER: ------------ JAYASREE,AGED 38 YEARS D/O.RAMAN NAIR,THANTHANATH HOUSE KANIPAYYUR P.O., TALAPPILY TALUK, THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ------------- 1. RAMAKRISHNAN, AGED 47 YEARS S/O.AMMINI AMMA, THAYYUR VILLAGE PAZHAVOOR DESOM, THALLAPPILLY TALUK THRISSUR DISTRICT. 2. HIGH COURT LEGAL SERVICES COMMITTEE HIGH COURT BUILDINGS,COCHIN-31 REP. BY ITS SECRTARY. BY ADV. SRI.S.K.BALACHANDRAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5707/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE COMMON JUDGMENT IN O.P.NO.612/99 & IN MC NO.326/99 DATED 26.4.2005 OF FAMILY COURT, THRISSUR. EXT.P2 : TRUE COPY OF THE AWARD PASSED BY THE HON'BLE LOK ADALATH DT. 31.5.2007 IN MAT.APPEAL NO.143/05. EXT.P3 : TRUE COPY OF THE JOINT STATEMENT APPENDED TO AWARD DT. 31.5.2007 SIGNED BY BOTH PARTIES. EXT.P4 : TRUE COPY OF THE CRL.M.P.NO.1197/07 IN MC NO.326/99 BEOFRE THE HON'BLE COURT, THRISSUR DT. 28./9.2007. EXT.P5 : TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT, THRISSUR IN CRL.M.P.NO.1197/07 DT. 11.12.2007. TGS KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.5707 of 2008 ---------------------------------------------- Dated 10th July, 2008. J U D G M E N T Kurian Joseph, J. Petitioner is aggrieved since she is not able to reap the fruits of Ext.P2 award passed by the Lok Adalath. It is seen from Ext.P2 that it is an award passed based on a joint statement filed by the parties. The joint statement is Ext.P3. It is true that the first respondent herein had undertaken to pay an amount of Rs.1,45,000/- to the writ petitioner within 90 days. But the first respondent who is present before this court submits that he could not dispose of the property as expected at that time, and hence the delay. It is submitted that even now, he is prepared to pay the money as per the joint statement. 2. It is seen from the joint statement that the award was to be treated as a money decree and in case the money as per the joint statement as undertaken is not paid within the permitted period of 90 days, the petitioner herein was entitled to execute the same with 12% interest. The relevant portion of the statement is extracted below :- “If the payment as aforesaid is not made, on the expiry of the period, the respondent will be entitled to execute the same as a money decree together with interest at 12% per WP(C) NO.5707/08 2 annum.” Therefore, Ext.P5 order passed by the Family Court, Thrissur is set aside. The said court is directed to proceed with M.P.1197/07 in accordance with law, and in the light of the statement as extracted above. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.5707 of 2008 ---------------------------------------------- J U D G M E N T Dated 10th July, 2008.