IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 32686 of 2009(R) -------------------------------------------------- OP.7/2005 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): ---------------------- ISSAK, S/O.ABDULLAKUTTY, PADINJARAMULLATHURUTHIL HOUSE, PURAKKAD AMSOM, DESOM, QUILANDY TALUK. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR RESPONDENT: --------------------- ABIDA, D/O.CHEKKOTTY HAJI, MARUTHU HOUSE, P.O.KADALLUR, VANMUKHAM AMSOM DESOM, QUILANDY TALUK. BY ADV. SMT.K.V.RESHMI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & P.Q. BARKATH ALI, JJ. -------------------------------------------------- W.P(C). NO. 32686 OF 2009 --------------------------------------------------- Dated this the 4th January, 2010 JUDGMENT K.M. Joseph, J. The Writ Petition was filed seeking the following reliefs: “i) Direct the Family Court, Kozhikode to take up E.A.No.51/2009 and E.A.No.52/2009 in E.P.No.6/2008 in O.P.No.7/2005 and to dispose of the same at the earliest and till then the sale ordered to be conducted on 17.11.09 to be adjourned; ii) Direct the court below to adjourn the sale ordered to be held on 17.11.2009 in E.P.No.6/2008 in O.P.No.7/2005 on the file of Family Court, Kozhikode till I.A.No.2973/2009 and I.A.No.2974/2009 in O.P.No.7/2005 on the file of Family Court, Kozhikode are finally heard and disposed of.” 2. In short, there was an order against the petitioner for return of gold ornaments. It was passed ex parte. In execution WPC.NO.32686/09 R 2 of the same, the property of the petitioner was brought to sale. Petitioner apparently filed Application to set aside the ex parte decree and also Objection to the Execution Petition. It is in view of the proposed sale that the petitioner has approached this Court. This Court granted an interim order subject to the condition that the petitioner deposits Rs.50,000/= (Rupees Fifty Thousand) on or before 17.11.2009 and the balance within a further period of fortyfive days. It was also ordered that if the amount is deposited, the same will not be released to the respondent until further orders from this Court. 3. Today, we heard the learned counsel for the petitioner and also the respondent. Counsel for petitioner would point out that the Application to set aside the ex parte order has been allowed on certain conditions which have been complied with by the petitioner. The condition was that the appellant/petitioner should pay Rs.15,000/= (Rupees Fifteen Thousand). It is pointed out that this condition has been complied with. In the light of this development, this Writ Petition has become WPC.NO.32686/09 R 3 infructuous. But, it is pointed out that pursuant to the Order of this Court, petitioner has deposited Rs.50,000/=(Rupees Fifty Thousand). The balance amount has not been deposited. In view of the subsequent developments as already pointed out, we further direct return of the amount of Rs.50,000/=(Rupees Fifth Thousand) deposited by the petitioner to the petitioner. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= P.Q. BARKATH ALI, JUDGE kbk. // True Copy // PS to Judge