Petitioners sought expeditious disposal of an execution petition to recover awarded maintenance. On a report from the Magistrate showing a distress warrant issued, property attached, and a scheduled auction, the court found appropriate steps taken, observed that urgent steps shall continue, and disposed of the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 10TH DAY OF JULY 2024 / 19TH ASHADHA, 1946
OP(CRL.) NO. 256 OF 2021
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.24 OF 2013 OF JUDICIAL
MAGISTRATE OF FIRST CLASS , ADOOR
PETITIONERS:
1VIJAYASREE
AGED 47 YEARS
W/O. SUDHAKARAN PILLAI,
RESIDING AT SREEKALPAM,
CHOORAKODU P. O.,
PATHANAMTHITTA DISTRICT - 691551.
2PARVATHY S. PILLAI
D/O. SUDHAKARAN PILLAI,
AGED 18 YEARS,
RESIDING AT SREEKALPAM,
CHOORAKODU P. O.,
PATHANAMTHITTA DISTRICT - 691551.
BY ADV K.K.SETHUKUMAR
RESPONDENT:
SUDHAKARAN PILLAI
AGED 55 YEARS
S/O. RAGHAVAN UNNITHAN,
SREEKALPAM,
CHOORAKODU P. O.,
PATHANAMTHITTA DISTRICT - 691551.
BY ADV VINOY VARGHESE KALLUMOOTTILL
OTHER PRESENT:
SRI. NOUSHAD K. A. (PP)
THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10.07.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 256 OF 2021
2
BECHU KURIAN THOMAS, J.
O.P.(Crl) No. 256 of 2021
Dated this the 10th day of July, 2024
JUDGMENT
Petitioner seeks for an expeditious disposal of C.M.P.No. 35/2021 in M.C.No. 24/2013 on the files of the Judicial First Class Magistrate’s Court, Adoor seeking execution and recovery of the amount already awarded as maintenance.
3
OP(CRL.) NO. 256 OF 2021
shall be released to the petitioner immediately after receipt of the proceeds of the execution of the distress warrant.
With the above observations, this original petition is disposed of.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
OP(CRL.) NO. 256 OF 2021
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APPENDIX OF OP(CRL.) 256/2021
PETITIONER EXHIBITS
Exhibit P1TRUE PHOTOCOPY OF THE ORDER IN MC
24/13 DATED 31.10.2018 OF THE JFM
COURT, ADOOR.
Exhibit P2TRUE PHOTOCOPY OF THE JUDGMENT IN CRL.
APPEAL NO.113/2018 AND 116/2018 DATED
24.07.2019 OF THE ADDITIONAL SESSIONS
JUDGE - III, PATHANAMTHITTA.
Exhibit P3TRUE PHOTOCOPIES OF THE INTERIM ORDER
OF THIS HON'BLE COURT IN CRL. R. P.
NO.320/2020 DATED 16.09.2020 OF THIS
HON'BLE COURT.
Exhibit P4TRUE PHOTOCOPIES OF THE INTERIM ORDER
OF THIS HON'BLE COURT IN CRL. R. P.
NO.320/2020 DATED 07.12.2020 OF THIS
HON'BLE COURT.
Exhibit P5TRUE PHOTOCOPY OF THE CRL.M.P.NO.35/21
IN MC NO.24/2013 BEFORE THE JFCM
COURT, ADOOR.
Exhibit P6TRUE PHOTOCOPY OF THE MEMORANDUM IN
RESPECT OF THE GOLD LOAN NO.3761/21
DATED 02.07.21 ISSUED BY THE MANAGER,
SBI MANNADY BRANCH.
Exhibit P7TRUE PHOTOCOPY OF THE STUDENTS FEES
DETAILS OF THE 2ND PETITIONER DOWN
LOADED FROM THE SITE OF AMRITA VISWA
VIDYALAYA.
1 issue framed by the court
Whether the court should direct expeditious execution and recovery of the maintenance amount awarded in M.C. No. 24/2013.
Vijayasree
Parvathy S. Pillai
Sudhakaran Pillai
Bechu Kurian Thomas
As recorded by the court registry
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