High Court stayed Family Court execution proceedings pending disposal of applications to set aside an ex parte decree within 30 days.
Stay on execution proceedings until applications to set aside ex parte decree are disposed of.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 22ND DAY OF SEPTEMBER 2021 / 31ST BHADRA, 1943
OP (FC) NO. 312 OF 2021
AGAINST THE PROCEEDINGS IN EP 21/19 IN OP 1714/2015 OF
FAMILY COURT,ERNAKULAM
PETITIONER/1ST RESPONDENT IN OP NO.1714/2015:
BIJU MENON, AGED 46 YEARS S/O. MR. GOPINANTHAN, RESIDING AT 19/70(2), HOUSE NO. 44, AYILYAM, AKG NAGAR, WEST YAKKARA, MURIKKAVU, PALAKKAD PIN 678 001
BY ADV K.K.JYOTHILAKSHMY
RESPONDENTS/PETITIONER 2 TO 4/RESPONDENTS IN OP 1714/15:
1 PRIYA EAPEN (PRIYA BIJU MENON) AGED 39 YEARS, D/O. EAPEN NINAN, RESIDING AT 102 A, SIVARAM NAGAR, SOUTH ENCLAVE, CHUNGAM, COIMBATORE-45
2 M/S. DESAI HOMES, OWNERS AND PROMOTERS AND BUILDERS, HAVING ITS PRESENT OFFICE AT 40/7669, C40, FIRST FLOOR, D.D VASTRA MAHAL, MARKET ROAD, COCHIN 682 011 REPRESENTED BY ITS DIRECTOR
O.P.(FC).No.312/2021
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3 MR. V.R DESAI,AGED 64 YEARS S/O. LATE R.M DESAI, PARNER, M/S. DESAI HOMES, OWNERS AND PROMOTERS AND BUILDERS. HAVING ITS PRESENT OFFICE AT 40/7669, C40, FIRST FLOOR, D.D VASTRA MAHAL, MARKET ROAD, COCHIN 682 011
4 HOUSING DEVELOPMENT FINANCE CORPORATION LTD, PK COMPLEX, FIRST FLOOR, MISSION SCHOOL JUNCTION, PALAKKAD PIN 678 014, RPERESENTED BY ITS BRANCH MANAGER.
BY ADVS. MARY BENJEMIN BINU MATHEW SRI.K.K.CHANDRAN PILLAI (SR.) SMT.S.AMBILY
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 22.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.312/2021
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Dated this the 22nd day of September, 2021
A.Muhamed Mustaque,J.
The petitioner herein is the 1st respondent in O.P.No. 1714/2015 on
the files of the Family Court, Ernakulam. The petitioner herein was set ex
parte and an ex parte decree was passed on 4/10/2018.
respondent filed an execution petition and the same is pending.
decree as IA No.2184/21 along with I.A.No. 2185/21, the application to
condone delay in filing I.A.No.2184/21. These applications are pending.
The limited prayer of the petitioner before this court is to stay all further
proceedings in execution, till the disposal of the application to set aside the ex parte decree.
O.P.(FC).No.312/2021
submits that the present attempt is only to delay the execution proceedings.
above applications and dispose of the same within 30 days. Till the disposal
of the applications as above, execution shall be deferred. The counsel
appearing for the respondent in this matter takes notice in execution petition. We direct the Family Court to advance the case to 30.09.2021 and
dispose the same within the outer limit fixed as above. The parties shall appear before the Family Court on 30/9/2021. Counsel appearing for the
parties shall take note of the posting date before the Family Court as above.
The OP(FC) is disposed of. Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. to Judge
O.P.(FC).No.312/2021
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APPENDIX OF OP (FC) 312/2021
PETITIONER EXHIBITS
| EXHIBIT | P1 TRUE COPY OF THE JUDGEMENT AND DECREE IN O.P NO. 1714 OF 2015 OF THE FILES OF FAMILY COURT, ERNAKULAM. |
|---|---|
| EXHIBIT | P2 TRUE COPY OF THE E.P NO. 21/2019 IN O.P NO. 1714 OF 2015 OF THE FILES OF FAMILY COURT, ERNAKULAM. |
| EXHIBIT | P3 TRUE COPY OF THE I.A NO. 2184 OF 2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM. |
| EXHIBIT | P4 TRUE COPY OF THE IA NO 2185/2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM. |
| EXHIBIT | P5 TRUE COPY OF THE AGREEMENT FOR SALE CUM CONSTRUCTION AGREEMENT EXECUTED BY THE PETITIONER AND THE 2ND RESPONDENT. |
| EXHIBIT | P6 TRUE COPY OF THE MOU, DATED 15-05-2014 EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT. |
1 issue framed by the court
Whether to stay execution proceedings pending applications to set aside ex parte decree.
BIJU MENON
PRIYA EAPEN
M/S. DESAI HOMES
V.R DESAI
HOUSING DEVELOPMENT FINANCE CORPORATION LTD
A.MUHAMED MUSTAQUE
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
