IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 28556 of 2010(R) -------------------------- OP.479/2009 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): PLAINTIFF ------------------------ SRI. ABDU RAHIMAN,S/O.VARIKOTTIL MOIDEEN KUTTI HAJI, AGED 40,OAMACHAPUZHA AMSOM, DESOM TIRUR TALUK. REP.BY P/A. HOLDER MR.MUHAMMED FAROOQ,S/O.BEERANKUTTI, AGED 38,RESIDING THACHARAKKAL HOUSE, THENNALA AMSOM,DESOM, P.O.CHULLIPPARA TIRURANGADI TALUK. BY ADV. SRI.NIRMAL. S RESPONDENT(S): DEFENDANTS ------------------------- 1. CHATHERI HUSSAIN MUSALIYAR AGED 41 YEARS S/O. ABOOBACKER MUSALIYAR, OAMACHAPUZHA AMSOM DESOM TIRUR TALUK. PIN.676 101 TIRUR POST. 2. SUVAIBATHUL ASLAMIYYA, AGED 27 YEARS, MADAPPULAN HOUSE, PONMALA AMSOM, THALAKKAPPU DESOM PONMALA.P.O., MALAPPURAM DIST- PIN.676 528. 3. UMAIRA SAIBANA, AGED 9 YEARS,(MINOR) DO-DO- PIN.676 528. 4. FATHIMA SHAHANA, AGED 7 YEARS (MINOR) -DO-DO- PIN.676 528. 5. HUSNA SHYMA, AGED 4 YEARS,(MINOR) -DO-DO- PIN.676 528. ARE REPRESENTED BY GUARDIAN MOTHER 2ND RESPONDENT ADV. SRI.K.K.MOHAMED RAVUF FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 28556 of 2010-R ------------------------------------------------- Dated this the 8th day of December, 2010 JUDGMENT Basant,J. The writ petitioner is the husband of the second respondent and father of the minor children - respondents 3 to 5. The appellant had filed a suit against the 1st respondent and had secured an ex parte decree. Respondents 2 to 5 had later filed a suit against their husband/father - the 1st respondent. They had also secured an ex parte decree. Respondents 2 to 5 wanted the ex parte decree to be executed against the 1st respondent. That decree has already been executed. The decree holders i.e., respondents 2 to 5 have purchased the property belonging to the 1st respondent in execution. Delivery has also been effected. Their E.P. has been closed after recording full satisfaction on 6/8/10. W.P.(C) No. 28556 of 2010 -: 2 :- 2. The appellant, the decree holder, in the earlier suit (there is no unanimity between the counsel which is the earlier decree) wants to assail the sale in favour of respondents 2 to 5. He contends that the suit is a collusive venture between the spouses and the children. He has already filed E.A.Nos.100, 101, 102 and 104/10 in E.P.No.94/10 before the Family Court. Those stand posted to 6/12/10. Report submitted by the learned Judge of the Family Court shows that steps shall be taken to expeditiously dispose of the said four E.As. 3. After discussions at the Bar, both counsel agree that interim direction against alienation of the property belonging to the 1st respondent delivered to respondents 2 to 5 can be ordered to remain in force till E.A.Nos.100, 101, 102 and 104/10 in E.P.No.94/10 are disposed of. The parties shall be at liberty to raise all their relevant contentions before the Family Court in the said proceedings. The order of injunction against alienation shall remain in force till the said E.As. are disposed of by the Family Court. We need only mention that we expect the Family Court to dispose of those E.As. as expeditiously as possible - at any rate, within a period of three months from the date on which a copy of this judgment is placed before the Family Court if there is no legal impediment against the disposal of those E.As. W.P.(C) No. 28556 of 2010 -: 3 :- 4. This writ petition is, in these circumstances, dismissed with the above specific directions. 5. Hand over a copy of this judgment to the learned counsel for the petitioner for immediate production before the Family Court. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge