Dismissed

Bineesh @ Rigeesh v. Surumi

Kerala HC22 Nov 2019OP (FC)/674/2019

Case brief

AI extract

What is this about?

The High Court, addressing petitioners aggrieved by an ex parte decree and pending petitions to set it aside, directed the Family Court to dispose of those petitions within one month and deferred further execution proceedings to prevent irreparable injury to the petitioners.

What did the court decide?

The Family Court is directed to dispose of Exts.P6 and P7 within one month. Further execution proceedings in E.P.No.34 of 2018 stand deferred till disposal of Exts.P6 and P7.

Bineesh @ Rigeesh Vs Surumi — Civil Procedure and Limitation | Kerala HC (2019)

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O.P.(FC).674/2019

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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 K.HARILAL

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941

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OP (FC).No.674 OF 2019

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AGAINST THE ORDER/JUDGMENT IN OP 1011/2014 OF FAMILY COURT, MAVELIKKARA

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PETITIONER/S:

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1 BINEESH @ RIGEESH, AGED 36 YEARS S/O.JABBARKUTTI, THEKKEDATH THARAYIL, RIGEESH MANZIL, PERINGALA P O, KRISHNAPURAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT,

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2 JABBARKUTTI, AGED 65 YEARS, THEKKEDATH THARAYIL, RIGEESH MANZIL, PERINGALA P O, KRISHNAPURAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT,

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3 SHAREEFA, AGED 55 YEARS, W/O.JABBARKUTTI, THEKKEDATH THARAYIL, RIGEESH MANZIL, PERINGALA P O, KRISHNAPURAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT,

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BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU

RESPONDENT/S:

O.P.(FC).674/2019

SURUMI, AGED 23 YEARS, D/O.ABDUL VAHID, VELIYIL VADAKKETHIL, PULLIKANAKKU P O, KRISHNAPURAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT-688 001.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 22.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(FC).674/2019

J U D G M E N T

K.Harilal, J.

The petitioners herein are the respondents in

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O.P.No.1011 of 2014 of the Family Court, Mavelikara, who are confronting with an ex parte decree passed against them in the said original petition. Aggrieved by the said ex parte decree, they have preferred Exts.P6 and P7 petitions to set aside ex parte decree and to condone the delay in filing the petition to set aside the ex parte decree. The grievance of the petitioner is that now the respondent is proceeded with execution of the ex parte decree, notwithstanding the pendency of Exts.P6 and P7. According to the petitioners, if the ex parte decree is executed before the disposal of Exts.P6 and P7, the petitioners will be put to irreparable injury and hardship.

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O.P.(FC).674/2019

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2. Heard the learned counsel for the

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petitioners.

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3. Having regard to the hardship that may be

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caused to the petitioners, if the ex parte decree is executed before consideration of Exts.P6 and P7, the Family Court is hereby directed to consider and dispose of Exts.P6 and P7 at the earliest, at any rate within one month from the date of production of a copy of this judgment. We make it clear that all further execution proceedings in E.P.No.34 of 2018 would stand deferred till the disposal of Exts.P6 and P7.

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The O.P.(FC) is disposed of accordingly.

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Sd/K.HARILAL JUDGE

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Sd/C.S.DIAS JUDGE

O.P.(FC).674/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE OP NO.1011/2014 FILED BY THE RESPONDENT BEFORE THE HON'BLE FAMILY COURT, MAVELIKKARA.
EXHIBIT P2	TRUE COPY OF THE INTERIM APPLICATION FILED UNDER ORDER 38 RULE 5 OF THE CODE OF CIVIL PROCEDURE IN OP.NO. 1011/2014 BEFORE THE HON'BLE FAMILY COURT, MAVELIKARA.
EXHIBIT P3	TRUE COPY OF THE JUDGMENT DATED 18.10.2016 IN OP 1011/2014 OF THE HON'BLE FAMILY COURT, MAVELIKKARA.
EXHIBIT P4	TRUE COPY OF THE EP NO.34/2018 FILED BY THE RESPONDENT BEFORE THE HON'BLE FAMILY COURT, MAVELIKARA.
EXHIBIT P5	TRUE COPY OF THE OBJECTION DATED 28.10.2019 FILED BY THE PETITIONERS IN EP NO.34/2018 IN OP NO.1011/2014 BEFORE THE HON'BLE FAMILY COURT, MAVELIKARA.
EXHIBIT P6	TRUE COPY OF THE IA 276/2018 FILED BY THE PETITIONERS BEFORE THE HON'BLE FAMILY COURT, MAVELIKARA FOR SETTING ASIDE THE EXPARTE DECREE.
EXHIBIT P7	TRUE COPY OF THE IA NO.2763/2019 FILED BY THE PETITIONERS FOR CONDONING THE DELAY OF 1070 DAYS IN FILING EXT.P6.
EXHIBIT P8	TRUE COPY OF THE OBJECTION FILED BY PETITIONERS PRAYING FOR STAY OF EXECUTION PROCEEDINGS.

Bineesh @ Rigeesh v. Surumi

Case brief

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Bineesh @ Rigeesh v. Surumi

Case brief

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