IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 25675 of 2008(S) -------------------------- EP.14/2008 of FAMILY COURT,KOZHIKODE OP.612/2006 of FAMILY COURT, MALAPPURAM .................... PETITIONER ------------------ PUTHUSERI ANIL KUMAR, AGED 42 YEARS, S/O. RAMAN NAIR, VALAPPIL HOUSE, THIRUVANNUR NADA, WEST MANKAVE, KOZHIKODE DISTRICT. BY ADV. SRI.SANTHARAM.P RESPONDENT -------------------- 1. KUNHIRAMAN NAIR. A.K. AGED 70 YEARS, S/O. RAMANKUTTY NAIR, KOLAAYIL HOUSE, P.O.CHERUVAYUR, VIA. VAZHAKKAD. 2. DHAKSHAYANI AMMA, AGED 56 YEARS, W/O. KUNHIRAMAN NAIR, KOLAAYIL HOUSE, P.O. CHERUVAYUR, VIA.VAZHAKKAD. 3. ARUN, 13 YEARS IMINOR), S/O. ANILKUMAR, (MINOR RESPNDENT IS REPRESENTED BY GUARDIAN 1ST RESPONDENT KUNHIRAMAN NAIR, A.K. S/O. RAMANKUTTY NAIR KOLAAYIL HOUSE, P.O. CHERIVAUYUR, VIA, VAZHAKKAD. ADV. SRI.MANJERI SUNDERRAJ FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.25675/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER DTD. 23/1/07 OF THE FAMILY COURT, MALAPPURAM. EXT.P2 TRUE COPPY OF TH EXECUTION PETITION NO.14/08 FILED BEFORE THE FAMILY COURT, KOZHIKODE. EXT.P3 TRUE COPY OF LEASE DEEDDEATED 18./8/2006 EXECUTED BY ONE N.ABDUL AZEEZ AND THE PETITIONER. EXT.P4 TRUE COPY OF THE AFFIDAVIT WITH A PETITION TO SET ASIDE THE EXPARTE DECREE FILEDL BY THE PETITIONER BEFORE THE FAMILY COURT, MALAPPURAM. EXT.P5 TRUE COPY OF THE AFFIDAVIT WITH A PETITION TO CONDONE THE DELAY IN FILING THE APPLICATION TO SET ASIDE THE EX PARTE ORDER FILED BY THE PETITIONER BEFORE THE FAMILY COURT, MALAPPURAM. EXT.P6 TRUE COPY OF THE COUNTER IN E.P.NO.14/08 IN O.P.NO.612/06 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOZHIKODE. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.25675 OF 2008 -------------------------------- Dated this the 22nd day of September, 2008 JUDGMENT Raman,J. Petitioner is the judgment debtor/respondent in E.P.No.14/08 on the file of the Family Court, Kozhikode. E.P. is for realisation of the amount ordered by way of maintenance to the minor son of the petitioner in O.P.No.612/06. Maintenance was ordered at the rate of Rs.2,000/- per month. The claim in the execution petition till 2007 is for an amount of Rs.1,02,000/-. By an interim order this Court granted stay on condition to deposit an amount of Rs.30,000/-, which has since been complied with. According to the petitioner, the order of maintenance passed by the Family Court is ex parte and he has filed an application as I.A.No.1778/08 to set aside the ex parte order along with an application to condone the delay as I.A.No.177/08. These applications are pending before the Family Court. Until the disposal of those applications it is prayed -2- WP(C).No.25675/2008 that further execution proceedings be stayed. 2. We have heard both sides. 3. In the facts and circumstances of the case, there will be a direction that in case the petitioner pays an amount of Rs.30,000/- (Rupees thirty thousand) within a period of one month, all further proceedings in E.P. No.14/08 on the file of the Family Court, Kozhikode will stand stayed until the disposal of I.A.Nos.1778/08 and 177/08 by the Family Court, Malapuram. There is also a direction to the Family Court, Malappuram to expedite the disposal of those I.As. In case the amount is not deposited as directed above, the writ petition will stand dismissed. Writ Petition is disposed of as above. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.