Disposed

Mritun Jaykumar Saha v. Anupama Devi Ponnaiyan

Kerala HC1 Oct 2018OP (FC)/42/2018

Case brief

AI extract

What is this about?

This writ petition under Article 226 directed the Family Court, Thiruvananthapuram, to expeditiously dispose of pending interim applications to set aside an ex-parte decree and condone delay, and stay coercive execution steps thereon.

What did the court decide?

Directed the Family Court to dispose of IA Nos. 29/2018 & 30/2018 within one month and stay coercive execution steps pending disposal.

Mritun Jaykumar Saha Vs Anupama Devi Ponnaiyan — Civil Procedure and Limitation | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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MONDAY ,THE 01ST DAY OF OCTOBER 2018 / 9TH ASWINA, 1940

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OP (FC).No. 42 of 2018

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AGAINST THE ORDER/JUDGMENT IN OP 1484/2011 of FAMILY COURT,TRIVANDRUM

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PETITIONERS:

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1 MRITUN JAYKUMAR SAHA AGED 38 YEARS, S/O.SH.ABHAYKANT SAHA, KAZHIM BAZAR, NEELKOTHI ROAD, RAJMAHAL, P.O.SAHIBGANJ, JHARKAND-816108.

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2 AJAYKUMAR SAHA AGED 48 YEARS, S/O.SH.ABHAYKANT SAHA, KAZHIM BAZAR, NEELKOTHI ROAD, RAJMAHAL,P.O. SAHIBGANJ, JHARKAND-816108.

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BY ADV. SRI.AYPE JOSEPH

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RESPONDENT:

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ANUPAMA DEVI PONNAIYAN AGED 28 YEARS, VALIYAVILAKAM HOUSE, KUZHATHOOR, UCHAKADA P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT.

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 01.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG

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OP (FC) No. 42/2018

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C.K. ABDUL REHIM, J. &

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R. NARAYANA PISHARADI, J.

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O.P. (FC) No. 42 OF 2018

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DATED THIS THE 1^st DAY OF OCTOBER, 2018

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J U D G M E N T

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Abdul Rehim, J:

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In this Original Petition filed under Article 227 of the Constitution of India the petitioners are seeking direction to the Family Court, Thiruvananthapuram to dispose of I.A. Nos.29/2018 & 30/2018 in O.P. No.1484/2011, within a time limit to be fixed. Inter alia the petitioners seek direction to keep in abeyance the execution of the ex-parte decree passed in O.P No.1484/2011, dated 31-07-2014, till the Family Court passes orders on the above said interim applications.

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Despite service of notice from this court, the respondent has not chosen to enter appearance or to contest this original petition.

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The only grievance expressed by the petitioners is that, the applications filed by him seeking to set aside the ex-parte decree passed in OP No.1484/2011 and for condoning the delay occurred in filing the said application, which were filed before the Family Court, Thiruvananthapuram as early as in January, 2018, has not been disposed of till date. In the meanwhile, it is stated that, the respondent is pursuing the Execution Petition filed before the Family Court, which

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OP (FC) No. 42/2018

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now stands transferred to the Family Court at Delhi. It is complained that coercive steps are now being taken to execute the decree, without considering pendency of the application to set aside the ex-parte decree.

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Considering the fact situation as stated above, we are of the opinion that, interest of justice can be achieved by directing the Family Court to have an expeditious disposal of the interim applications mentioned above and till then to stay the coercive execution steps.

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Therefore, the above original petition is hereby disposed of by directing the Family Court, Thiruvananthapuram to have an expeditious disposal of IA Nos.29/2018 & 30/2018 in OP No.1484/2011, at the earliest possible, at any rate, within a period of one month from the date of production of a copy of this judgment.

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Till such time the above said applications are disposed of, all coercive steps in the execution of the decree in O.P No.1484/2011, dated 31-07-2014, shall be kept in abeyance.

Sd/-

C.K.ABDUL REHIM

JUDGE

Sd/-

R. NARAYANA PISHARADI

JUDGE

AMG

OP (FC) No. 42/2018

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	A TRUE RESPOND	COPY OF THE ENT.	O.P.NO.1484/2011 FILED BY THE
EXHIBIT P2	A TRUE PETITIO	COPY OF THE NER.	WRITTEN STATEMENT FILED BY THE
EXHIBIT P3	A TRUE 2012.	COPY OF THE	MEDICAL CERTIFICATE DATED 03-01-
EXHIBIT P4	TRUE CO PETITIO	PIES OF THE NER/1ST RESP	MEDICAL DOCUMENTS OF THE ONDENT.
EXHIBIT P5	A TRUE 31-07-2	COPY OF THE 014.	DECREE IN O.P.NO.1484/2011 DATED
EXHIBIT P6	A TRUE 31-07-2	COPY OF THE 014.	JUDGMENT IN O.P.NO.1484/2011 DATED
EXHIBIT P7	A TRUE COURT,	COPY OF THE THIRUVANANTH	ORDER OF THE HONOURABLE FAMILY APURAM DATED 24-11-2016.
EXHIBIT P8	A TRUE PENDING NEW DEL	COPY OF THE BEFORE THE HI.	EXECUTION PETITION NO.96/2017 HONOURABLE FAMILY COURT, SAKET,
EXHIBIT P9	A TRUE ASIDE E 01-2018	COPY OF THE XPARTE JUDGM .	I.A.NO.30/2018 PETITION TO SET ENT IN O.P.NO.1484/2011 DATED 08-
EXHIBIT P10	A TRUE THE DEL	COPY OF THE AY IN FILING	I.A.NO.29/2018 PETITION TO CONDONE EXHIBIT P7 DATED 08-01-2018.

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RESPONDENTS' EXHIBITS

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NIL

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AMG

Mritun Jaykumar Saha v. Anupama Devi Ponnaiyan

Case brief

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Mritun Jaykumar Saha v. Anupama Devi Ponnaiyan

Case brief

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