Disposed

Mr. Anil Kumar v. Smt. Omana Kutty

Kerala HC14 Nov 2018OP (FC)/615/2018

Case brief

AI extract

What is this about?

In a writ petition under Article 226/227, the High Court directed the Family Court to dispose of pending interim applications to restore and condone delay before undertaking further coercive steps in the execution petition, without expressing views on the merits.

What did the court decide?

Direction to Family Court to dispose of I.A.Nos. 3438, 3437, 3436, and 3439 of 2018 before further coercive steps in E.P. No. 36/2013.

Mr. Anil Kumar Vs Smt. Omana Kutty — 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 T.V.ANILKUMAR

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WEDNESDAY,THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940

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OP (FC).No. 615 of 2018

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O.P.NO.558/2010 of FAMILY COURT,KOLLAM

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PETITIONER:

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MR. ANIL KUMAR, AGED 47 YEARS, S/O. JANARDHANAN PILLAI, RESIDING VALIYAVILLA VEEDU, MANGADU P.O., MANGADU VILLAGE, KOLLAM DISTRICT.

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BY ADV. SRI.S.SREEKUMAR (KOLLAM)

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RESPONDENTS:

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1 SMT. OMANA KUTTY, AGED 45 YEARS, W/O. ANIL KUMAR, RESIDING AT THODIYIL PUTHAN VEEDU, MAMPALLIKUNNAM CHERRY, MEENADU VILLAGE, CHANTHANOOR P.O., KOLLAM DISTRICT, PIN - 691 572.

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2 ASWATHY, AGED 14 YEARS, (MINOR), D/O. OMMANA KUTTY, RESIDING AT THODIYIL PUTHAN VEEDU, MAMPALLIKUNNAM CHERRY, MEENADU VILLAGE, CHANTHANOOR P.O., KOLLAM DISTRICT, PIN-691 572 (THE 2ND RESPONDENT IS REPRESENTED THROUGH HER MOTHER - THE IST RESPONDENT - AS A GUARDIAN).

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 14.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP (FC).No. 615 of 2018 : 2 :

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JUDGMENT

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C.K.Abdul Rehim, J.

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The petitioner is seeking the following reliefs in this original petition, which is filed under Article 227 of the Constitution of India;

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i. To stay Exhibit-P8 Execution Petition in E.P.No.36/2013 in OP No.558/2010 pending before the Family Court, Kollam.

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ii. To direct the Family Court, Kollam to dispose off Exhibit-P4 to Exhibit-P7 restoration petitions and delay condonation petitions on merit expeditiously and within a reasonable time that this Hon'ble Court may consider appropriate, pending consideration of the said applications to keep in abeyance all further proceedings in Exhibit P8 execution proceedings.

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iii.Issue such other Order or Direction that this Honorable Court may deem fit and proper in the nature and circumstances of the case.

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2. The original petition, O.P.No.558/2010, was filed before the Family Court, Kollam by the respondents herein against the petitioner, seeking

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OP (FC).No. 615 of 2018 : 3 :

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return of gold ornaments, money, articles, marriage expenses, maintenance etc. The said case was decreed ex-parte, as early as on 11.1.2013. After a long lapse of time, the petitioner filed Exts.P2 and P3 interim applications before the court below, seeking to set aside the ex-parte decree after condoning the delay of 1363 days occurred in filing the said petition. Those interim applications, I.A.Nos.2257/2016 and 2258/2016, were also dismissed for default of the petitioner, on 26.10.2017. After more than one year from the date of dismissal of Exts.P2 and P3, the petitioner again filed Exts.P4 to P7 interim applications to restore Exts.P2 and P3 interim applications, after condoning delay of 375 days occurred in filing the restoration petition. Grievance of the petitioner is that, the court below is now proceeding with coercive steps in the Execution Petition filed by the respondents as

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OP (FC).No. 615 of 2018 : 4 :

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E.P.No.36/2013, without disposing Exts.P4 to P7 interim applications. Hence the petitioner is seeking the reliefs as extracted above.

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3. In view of the relief proposed through this judgment, we think it not necessary to issue notice to the respondents. Interest of justice can be achieved if a direction is issued to the Family Court to dispose of Exts.P4 to P7 interim applications (I.A.Nos.3438,3437,3436 and 3439 of 2018) before taking any further coercive steps for sale, in the execution application.

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4. Hence, the above original petition is hereby disposed of by directing the Family Court, Kollam to consider and dispose of I.A.Nos.3438,3437,3436 and 3439 of 2018, after affording reasonable opportunity to both sides, at the earliest, at any rate, before proceeding with any further coercive steps in E.P.No.36/2013.

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We make it clear that we have not expressed

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OP (FC).No. 615 of 2018 : 5 :

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anything on the merits of the interim applications mentioned above and the Family Court shall consider the same independently and shall pass

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appropriate orders.

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Sd/C.K.ABDUL REHIM

JUDGE

Sd/-

T.V.ANILKUMAR

JUDGE

OP (FC).No. 615 of 2018 : 6 :

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1	THE TRUE COPY NO.558/2010 OF KOLLAM.	OF THE THE HO	PETITION IN O.P. N'BLE FAMILY COURT,
EXHIBIT	P2	THE TRUE COPY I.A.NO.2258/20 FAMILY COURT,	OF THE 16 IN O KOLLAM.	PETITION IN .P.558/2010 OF THE
EXHIBIT	P3	THE TRUE COPY O.P.558/2010 O	OF THE F THE F	I.A.NO.2257/2016 IN AMILY COURT, KOLLAM.
EXHIBIT	P4	THE TRUE COPY RESTORE EXHIBI I.A.NO.3438/20 FAMILY COURT,	OF THE T-P2 AP 18 IN O KOLLAM.	PETITION FILED TO PLICATION AS .P.558/2010 OF THE
EXHIBIT	P5	THE TRUE COPY RESTORE EXHIBI I.A.NO.3437/20 FAMILY COURT,	OF THE T-P3 AP 18 IN O KOLLAM.	PETITION FILED TO PLICATION AS .P.558/2010 OF THE
EXHIBIT	P6	THE TRUE COPY DELAY FOR FILI I.A.NO.3436/20 FAMILY COURT,	OF THE NG EXHI 18 IN O KOLLAM.	PETITION TO CONDONE THE BIT P4 APPLICATION AS .P.558/2010 OF THE
EXHIBIT	P7	THE TRUE COPY DELAY FOR FILI I.A.NO.3439/20 FAMILY COURT,	OF THE NG EXHI 18 IN O KOLLAM.	PETITION TO CONDONE THE BIT P5 APPLICATION AS .P.558/2010 OF THE
EXHIBIT	P8	THE TRUE COPY E.P.36/2013 IN COURT, KOLLAM.	OF THE OP 558	EXECUTION PETITION IN /2010 OF THE FAMILY
RESPOND	ENTS' EXHIBITS

NIL

//True Copy//

P.A. To Judge

Mr. Anil Kumar v. Smt. Omana Kutty

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Mr. Anil Kumar v. Smt. Omana Kutty

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