IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 OP (FC) NO. 151 OF 2025 AGAINST THE ORDER DATED 29.10.2024 IN EA NO.2/2024 IN EP NO.5 OF 2024 OF FAMILY COURT, KANNUR PETITIONER/PETITIONER/PETITIONER/DECREE HOLDER: SEEMA A., AGED 41 YEARS D/O. KRISHNAN KAZHAKAKKARAN, KALKKODE, PRAPPOYIL P.O., CHERUPUZHA VIA, TALIPARAMBA TALUK, KANNUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER KAZAHAKAKKARAN KRISHNAN, S/O. RAMAN, AGED 70 YEARS, KAKKODE, VAYAKKARA, THIRUMENI AMSOM, PRAPPOYIL P.O., CHERUPUZHA VIA, TALIPARAMBA TALUK, KANNUR DISTRICT., PIN - 670511 C.P.PEETHAMBARAN KARTHIKA PEETHAMBARAN NEERAJA VENUGOPAL ARJUN J DAS RESPONDENT/RESPONDENT/RESPONDENT/JUDGMENT DEBTOR: S. BIJU, AGED 48 YEARS, S/O. SREEDHARAN P.K., PALMPARAMBIL HOUSE, VAYAKKARA, PERINTHADAM, PRAPOYIL P.O., KANNUR DISTRICT - 670511 SRI C MURALIKRISHNAN(PAYYANNUR) THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27614 OP (FC) NO. 151 OF 2025 2 JUDGMENT The petitioner challenges Ext.P7 order of the learned Family Court, Kannur. 2. Upfront, we must say that the impugned order has emanated out of a wrong interpretation of our judgment in OP(FC) No.431/2024, produced on record as Ext.P3. 3. We say as afore because, the Original Petition was filed by the respondent herein assailing a warrant of arrest issued by the learned Family Court in EP No.5/2024 in OP No.228/2014, in execution of a decree which had been obtained by the petitioner herein; and we disposed it of allowing him to deposit Rs.5 lakhs so that the warrant can be withdrawn against him, however, reserving liberty to him to seek the sale of his property in the same execution proceedings. 4. The above order was issued in an innovative fashion only because both sides agreed to it and since the respondent herein wanted to avoid further warrant of arrest being issued against him. 5. Obviously, the intent of this Court was not that the Execution Petition will be closed once the amount of Rs.5 lakhs 2025:KER:27614 OP (FC) NO. 151 OF 2025 3 is deposited; but that the learned Court will proceed with execution, including to issue a further warrant of arrest against the respondent herein, if so warranted. We reserved to the respondent liberty of seeking the sale of his property solely to avoid another warrant of arrest; and hence this could not have, therefore, been interpreted in the manner as has been done by the learned Family Court in Ext.P7. 6. In the afore circumstances, we allow this Original Petition and set aside Ext.P7; however, directing the learned Family Court to abide by the directions in Ext.P3 judgment, based on any application to be made by the respondent herein, if he is so interested. After we dictated this part of the judgment, Sri.Muralikrishnan - appearing for the respondent, affirmed that his client intends to invoke the above-stated liberty and move an application before the learned Family Court in EP No.5/2024, requesting sale of his property, so as to avoid a further warrant of arrest. He prayed that the same be directed to be considered by the learned Family Court, appropriately. It does not require us to speak any further because, our judgment as also the directions herein authorise the learned Family Court 2025:KER:27614 OP (FC) NO. 151 OF 2025 4 in every manner as is legally necessary. This Original Petition is thus closed. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE stu 2025:KER:27614 OP (FC) NO. 151 OF 2025 5 APPENDIX OF OP (FC) 151/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMON JUDGMENT DATED 30/6/2022 IN MAT. APPEAL NO. 195/2017 OF THIS HON’BLE COURT Exhibit P2 TRUE COPY OF THE ORDER DATED 8/2/2024 IN E.P. NO. 5/2024 IN O.P. NO. 228/2014 OF FAMILY COURT, KANNUR Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 10/7/2024 IN OP(FC) NO. 431/2024 OF THIS HON’BLE COURT Exhibit P4 TRUE COPY OF THE PROCEEDING PAPER DATED 30- 07-2024 IN E.P. NO.05/2024 OF FAMILY COURT, KANNUR Exhibit P5 TRUE COPY OF E.A. NO.2/2024 IN E.P. NO. 5/2024 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KANNUR DATED 29/8/2024 Exhibit P6 TRUE COPY OF COUNTER STATEMENT IN E.A. NO. 2/2024 IN E.P. NO. 5/2024 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KANNUR DATED 26/10/2024 Exhibit P7 CERTIFIED COPY OF THE ORDER DATED 29/10/2024 IN E.A. NO. 2/2024 IN E.P. NO. 5/2024 OF THE FAMILY COURT, KANNUR