The High Court dismissed a prayer to transfer an execution petition due to the judgment debtor's profession and ordered the Family Court to dispose of the matter within six months.
Transfer petition dismissed. Original petition accepted; Family Court directed to dispose of execution petition within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 16TH DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944
OP (FC) NO. 239 OF 2022
E.P.NO.41 OF 2019 OF THE FAMILY COURT, CHAVARA
PETITIONER/DECREE HOLDER:
SWAPNA, AGED 44 YEARS
DAUGHTER OF SOMASHEKARAN, PADINJARETHUNDIYIL
VEEDU, THIRUMOOLAPURAM P.O.,ERUVALLIPRA MURI,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.,
PIN - 689115
BY ADVS.ABRAHAM SAMSON
LOVELY SAMSON
RESPONDENTS/JUDGMENT DEBTORS:
1 PRAMOD CHAKRAVARTHY, AGED 45 YEARS
S/O.SARASAN, PANKAJ MANDIRAM, NEENDAKARA,
KARUNAKAPPALLY, PUTHENTHURAN P.O.,KOLLAM
DISTRICT, PIN - 691588
2 SARASAN, AGED 76 YEARS, PANKAJ MANDIRAM, NEENDAKARA, KARUNAKAPPALLY, KOLLAM DISTRICT, PIN - 6915883 PANKAJVALLAY, AGED 71 YEARS, W/O.SARASAN, PANKAJ MANDIRAM, NEENDAKARA, KARUNAKAPPALLY, KOLLAM DISTRICT, PIN - 691588BY ADVS.JOSEPH GEORGE
P.A.REJIMON(K/700/2017)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.09.2022, ALONG WITH Tr.P(C).234/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 16TH DAY OF SEPTEMBER 2022/25TH BHADRA, 1944
TR.P(C) NO. 234 OF 2022
E.P.NO.41 OF 2019 IN O.P.NO.728 OF 2007 OF THE FAMILY
COURT, CHAVARA
PETITIONERS/JUDGMENT DEBTORS:
1 PRAMOD CHAKRAVARTHY, AGED 47 YEARS, S/O.SARASAN PANKAJA MANDIRAM, NEENDAKARA P.O,KARUNAGAPPALLY, KOLLAM DISTIRCT, PIN - 691582
2 SARASAN, AGED 76 YEARS, PANKAJA MANDIRAM, NEENDAKARA P.O, KARUNAGAPPALLY, PIN - 6915823 PANKAJAVALLI, AGED 72 YEARS, PANKAJA MANDIRAM, NEENDAKARA P.O, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 691582BY ADVS.JOSEPH GEORGE
P.A.REJIMON
RESPONDENT/DECREE HOLDER:
SWAPNA, AGED 44 YEARS, D/O.SOMASEKHARAN,
PADINJARE THUNDIYIL VEEDU, ERUVALLIPRA MURI,
THIRUMOOLAPURAM P.O, THIRUVALLA, PATHANAMTHITTA
DISTRICT, PIN - 689115
BY ADVS.ABRAHAM SAMSON
LOVELY SAMSON
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.09.2022, ALONG WITH OP (FC).239/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022
JUDGMENT
Anil K. Narendran, J.
Both these petitions arise out of E.P.No.41 of 2019 in O.P.No.728 of 2007 on the files of the Family Court, Chavara. Since common issue is raised, the original petition and the transfer petition are heard together and are being disposed of by this common judgment.
decree holder in E.P.No.41 of 2019 in O.P.No.728 of 2007 on the file of the Family Court, Chavara. She filed the said execution petition against the respondents-Judgment debtors to execute the judgment and decree of the Family Court in O.P.No.728 of 2007, whereby they were directed to pay a sum of Rs.17,87,409/-. The 1st respondent is the husband of the petitioner and respondents 2 and 3 are his parents. The petitioner has filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court, Chavara to dispose of E.P.No.41 of 2019 in O.P.No.728 of 2007, within a time frame.
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OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022
2.1. On 29.04.2022, when this original petition came up
for admission, Registrar (District Judiciary) was directed to call for a report from the Family Court, Chavara to ascertain the present position and time period required to dispose of E.P.No.41 of 2019 in O.P.No.728 of 2007. The petitioner was directed to serve a copy of this original petition to the learned counsel, who represent the respondents before Family Court and file a memo to that effect.
2.2. Pursuant to the order dated 29.04.2022, a report dated 07.05.2022 of the Presiding Officer, Family Court, Chavara is placed on record, which reads thus;
“E.P.No.41 of 2019 is filed by the decree Holder in O.P.No.728 of 2007. EP is filed for recovery of money by attachment and sale of immovable property of Judgment Debtors three in numbers or by arrest and detention of JD’s 1 and 2. Order 21 Rule 66 notice was issued to Judgment Debtors and JD’s 1 to 3 have received notice. In the meanwhile the Hon’ble High Court of Kerala in I.A.No.1 of 2022 in Tr.P.(C)No.234 of 2022 dated 19.04.2022 has stayed the proceedings in this EP for 2 months. One year time may be granted after vacating the stay for execution of the decree and disposal of E.P.No.41 of 2019.”
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OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022
3.1. On 19.04.2022, when this transfer petition came
up for admission, this Court issued notice to the respondent. In I.A.No.1 of 2022, this Court granted an interim stay of further proceedings in E.P.No.41 of 2019 on the file of the Family Court, Chavara, for a period of two months. The said interim order, which was extended from time to time, is still in force.
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OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022
Centre in the premises of this Court. The report dated 29.08.2022 of the Mediator is placed on record, wherein it is stated that the matter could not be settled in mediation.
the learned counsel for the petitioner in Tr.P.(C)No.234 of 2022 that the judgment and decree of the Family Court, Chavara in O.P.No.728 of 2007 was under challenge in Mat.Appeal No.232 of 2009, which was partly allowed by the judgment of this Court dated 06.08.2018, thereby modifying the decree and permitting the appellant-petitioner to realise
the value of 31 sovereigns of gold ornaments or its equivalent value of Rs.2,20,615/- with interest, as decreed by the Family Court. In the absence of a Special Leave Petition before the Apex Court, the said judgment of this Court has attained finality.
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OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022
Chavara, for the last more than two years.
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OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022
Tr.P.(C)No.234 of 2022, it is for the execution court to proceed
with the execution petition, so as to enable the decree holder to enjoy the fruits of the decree, within a reasonable time. We find no reason to entertain the relief sought for in Tr.P.(c)No.234 of 2022 to transfer E.P.No.41 of 2019 from the Family Court, Chavara to Family Court, Kottarakkara and the same is, accordingly, dismissed.
Insofar as O.P.(FC)No.239 of 2022 is concerned, the said petition is one filed by the decree holder in E.P.No.41 of 2019 for a time bound consideration of that execution petition. Having considered the report dated 07.05.2022 of the Family
Court, Chavara, we deem it appropriate to direct the Family Court, Chavara to ensure final disposal of E.P.No.41 of 2019, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/17/9
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OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022
APPENDIX OF OP (FC) 239/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN MAT
APPEAL 114/2009 DATED 06/08/2018
Exhibit P2 TRUE COPY OF THE EP 41/2019 IN OP
728/2007 FILED BY 1ST RESPONDENT DATED
NIL NOVEMBER, 2020
Exhibit P3 TRUE COPY OF THE ORDER IN EP 41/2019
IN OP 728/2007 OF FAMILY COURT CHAVARA
Exhibit P4 TRUE COPY OF THE JUDGMENT IN OP(FC)
632/2021 DATED 07/02/2022
Exhibit P5 TRUE COPY OF E,A NO. 29/2022 IN E.P.
41/2019 FOR EXPEDITIOUS DISPOSAL IS
FILED BY THE PETITIONER IS PENDING
CONSIDERATION DATED 6.4.2022
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OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022
APPENDIX OF TR.P(C) 234/2022
PETITIONER ANNEXURES
Annexure1 TRUE PHOTOCOPY OF E.P 41/2019 OF THE
HON'BLE FAMILY COURT CHAVARA
Annexure2 TRUE PHOTOCOPY OF THE ORDER DATED 07-
02-2022 IN O.P (F.C) 632/2021 OF THIS
HON'BLE COURT.
2 issues framed by the court
Whether the fact that the judgment debtor is a practicing lawyer before the court is a valid ground to transfer an execution petition to another court.
Whether the Family Court should be directed to dispose of a pending execution petition within a specified time frame.
SWAPNA
PRAMOD CHAKRAVARTHY
SARASAN
PANKAJAVALLI
ANIL K.NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court