Partly allowed

Pramod Chakravarthy v. Swapna

Kerala HC16 Sept 2022Tr.P(C)/234/2022

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a transfer petition seeking to move an execution petition from the Family Court, Chavara to Kottarakkara, rejecting the argument that the judgment debtor is a practicing local lawyer. The court instead directed the Court at Chavara to dispose of the pending execution petition within six months under Article 227.

What did the court decide?

Transfer petition dismissed; original petition allowed directing Family Court, Chavara to dispose of the execution petition within six months.

Pramod Chakravarthy Vs Swapna — Execution and Attachment | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶6

FRIDAY, THE 16TH DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944

¶7

OP (FC) NO. 239 OF 2022

¶8

E.P.NO.41 OF 2019 OF THE FAMILY COURT, CHAVARA

¶9

PETITIONER/DECREE HOLDER:

¶10

SWAPNA, AGED 44 YEARS
DAUGHTER OF SOMASHEKARAN, PADINJARETHUNDIYIL
VEEDU, THIRUMOOLAPURAM P.O.,ERUVALLIPRA MURI,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.,
PIN - 689115

¶11

BY ADVS.ABRAHAM SAMSON
LOVELY SAMSON

¶12

RESPONDENTS/JUDGMENT DEBTORS:

¶13

1 PRAMOD CHAKRAVARTHY, AGED 45 YEARS
S/O.SARASAN, PANKAJ MANDIRAM, NEENDAKARA,
KARUNAKAPPALLY, PUTHENTHURAN P.O.,KOLLAM
DISTRICT, PIN - 691588

¶14

2 SARASAN, AGED 76 YEARS, PANKAJ MANDIRAM, NEENDAKARA, KARUNAKAPPALLY, KOLLAM DISTRICT, PIN - 691588

¶15

3 PANKAJVALLAY, AGED 71 YEARS, W/O.SARASAN, PANKAJ MANDIRAM, NEENDAKARA, KARUNAKAPPALLY, KOLLAM DISTRICT, PIN - 691588

¶16

BY ADVS.JOSEPH GEORGE
P.A.REJIMON(K/700/2017)

¶17

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR

¶18

ADMISSION ON 16.09.2022, ALONG WITH Tr.P(C).234/2022, THE

¶19

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

-2-

¶21

OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022

¶22

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶23

PRESENT

¶24

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶25

¶26

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶27

FRIDAY, THE 16TH DAY OF SEPTEMBER 2022/25TH BHADRA, 1944

¶28

TR.P(C) NO. 234 OF 2022

¶29

E.P.NO.41 OF 2019 IN O.P.NO.728 OF 2007 OF THE FAMILY

¶30

COURT, CHAVARA

¶31

PETITIONERS/JUDGMENT DEBTORS:

¶32

1 PRAMOD CHAKRAVARTHY, AGED 47 YEARS, S/O.SARASAN PANKAJA MANDIRAM, NEENDAKARA P.O,

¶33

KARUNAGAPPALLY, KOLLAM DISTIRCT, PIN - 691582

¶34

2 SARASAN, AGED 76 YEARS, PANKAJA MANDIRAM, NEENDAKARA P.O, KARUNAGAPPALLY, PIN - 691582

¶35

3 PANKAJAVALLI, AGED 72 YEARS, PANKAJA MANDIRAM, NEENDAKARA P.O, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 691582

¶36

BY ADVS.JOSEPH GEORGE
P.A.REJIMON

¶37

RESPONDENT/DECREE HOLDER:

¶38

SWAPNA, AGED 44 YEARS, D/O.SOMASEKHARAN,
PADINJARE THUNDIYIL VEEDU, ERUVALLIPRA MURI,
THIRUMOOLAPURAM P.O, THIRUVALLA, PATHANAMTHITTA
DISTRICT, PIN - 689115

¶39

BY ADVS.ABRAHAM SAMSON
LOVELY SAMSON

¶40

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:

¶41

-3-

¶42

OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022

¶43

JUDGMENT

¶44

Anil K. Narendran, J.

¶45

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.

¶46

O.P.(FC)No.239 of 2022:- The petitioner is the

¶47

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 1^st 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.

¶48

-4-

¶49

OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022

¶50

2.1. On 29.04.2022, when this original petition came up

¶51

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.

¶52

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;

¶53

“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.”

¶54

-5-

¶55

OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022

¶56

Tr.P.(C)No.234 of 2022:- The respondents in O.P.(FC)No.239 of 2022 has filed this Transfer Petition invoking the provisions under Section 24 of the Code of Civil Procedure, 1908, seeking an order to withdraw E.P.No.41 of 2019 from the files of the Family Court, Chavara and transfer the same to the Family Court, Kottarakkara. Such an order is sought for on the ground that the 1^st petitioner-1^st Judgment debtor is a practicing lawyer in the courts at Chavara, Karunagappally and Kollam. He is facing various difficulties in appearing before the Family Court, Chavara as a Judgment debtor.

¶57

3.1. On 19.04.2022, when this transfer petition came

¶58

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.

¶59

During the pendency of these matters, the parties were referred for mediation before the Ernakulam Mediation

¶60

-6-

¶61

OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022

¶62

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.

¶63

Heard the learned counsel on both sides.

¶64

During the course of arguments, it is submitted by

¶65

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

¶66

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.

¶67

The learned counsel for the petitioner in O.P.(FC)No.239 of 2022 would submit that the execution petition filed by the respondent-wife is one of the year 2019, which is pending consideration before the Family Court,

¶68

-7-

¶69

OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022

¶70

Chavara, for the last more than two years.

¶71

Having considered the submissions made by the learned counsel on both sides, we find that, the fact that the 1^st Judgment debtor in E.P.No.41 of 2019 in O.P.No.728 of 2007 is a practicing lawyer of the Family Court, Chavara is not a ground to transfer the said execution petition from that court to another Family Court. From the report dated 07.05.2022 of the Presiding Officer, Family Court, Chavara it is seen that E.P.No.41 of 2019 is filed for recovery of the decree debt in O.P.No.728 of 2007 by attachment and sale of immovable property of the Judgment debtors 1 to 3 or by arrest and detention of Judgment debtors 1 and 2. Order XXI Rule 66 notice was issued to the Judgment debtors and they have received notice. In view of the interim order of this Court dated 19.04.2022 in I.A.No.1 of 2022 in Tr.P.(C)No.234 of 2022, no further proceedings are taken in that execution petition. Since the judgment and decree in O.P.No.728 of 2007, as modified by this Court in the judgment dated 06.08.2018 in Mat.Appeal No.232 of 2009, has attained finality, in the absence of any challenge by the petitioner in

¶72

-8-

¶73

OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022

¶74

Tr.P.(C)No.234 of 2022, it is for the execution court to proceed

¶75

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.

¶76

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

¶77

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.

¶78

Sd/-

¶79

ANIL K. NARENDRAN, JUDGE

¶80

Sd/-

¶81

P.G. AJITHKUMAR, JUDGE

¶82

AV/17/9

¶83

-9-

¶84

OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022

¶85

APPENDIX OF OP (FC) 239/2022

¶86

PETITIONER EXHIBITS

¶87

Exhibit P1 TRUE COPY OF THE JUDGMENT IN MAT
APPEAL 114/2009 DATED 06/08/2018

¶88

Exhibit P2 TRUE COPY OF THE EP 41/2019 IN OP
728/2007 FILED BY 1ST RESPONDENT DATED
NIL NOVEMBER, 2020

¶89

Exhibit P3 TRUE COPY OF THE ORDER IN EP 41/2019
IN OP 728/2007 OF FAMILY COURT CHAVARA

¶90

Exhibit P4 TRUE COPY OF THE JUDGMENT IN OP(FC)
632/2021 DATED 07/02/2022

¶91

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

¶92

-10-

¶93

OP(FC)No.239 of 2022 & Tr.P.C.No.234 of 2022

¶94

APPENDIX OF TR.P(C) 234/2022

¶95

PETITIONER ANNEXURES

¶96

Annexure1 TRUE PHOTOCOPY OF E.P 41/2019 OF THE
HON'BLE FAMILY COURT CHAVARA

¶97

Annexure2 TRUE PHOTOCOPY OF THE ORDER DATED 07-
02-2022 IN O.P (F.C) 632/2021 OF THIS
HON'BLE COURT.

Pramod Chakravarthy v. Swapna

Case brief

What is this about?

What did the court decide?

Pramod Chakravarthy v. Swapna

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Saraswathy Vs Vikraman

Abbas Vs Fathima Shahanas

Dr. Shafeed T.P. Vs Dr. Raihana Rasheed Kunjumoideen

Sayana Vs Abdul Razak Ibrahim

Surendran Vs Babitha

Swapna Vs Pramod Chakravarthy