Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 6822 (KER)

GOPIKRISHNA v. KAVITHA RAJ

OP (FC)/206/2025 · 2025-04-07

Devan Ramachandran, M B Snehalatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29732 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 OP (FC) NO. 206 OF 2025 IA 48/2025 IN OP(OTHERS) NO.279 OF 2018, FAMILY COURT, KOTTARAKKARA PETITIONER/ JUDGMENT DEBTOR IN E.P NO.6/2019 & PETITIONER/RESPONDENT IN I.A.NO.48/2025 & I.A.NO.49/2025 IN OP(OTHERS)NO.279/2018 : GOPIKRISHNA, AGED 44 YEARS, S/O BHASKARAN ACHARY, KRISHNA VILASOM, VILLUR MURI, VETTIKKAVALA P.O., MELILA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN – 691538. BY ADV A.SANIL KUMAR RESPONDENT/ DECREE HOLDER IN E.P NO.6/2019 & RESPONDENT/ PETITIONER IN I.A.NO.48/2025 & I.A.NO.49/2025 IN OP(OTHERS)NO.279/2018: KAVITHA RAJ, AGED 37 YEARS, D/O RAJENDRAN, RESIDING AT AKTHIL BHAVANAM, MAROOR SOUTH, ALUMKADAVU P.O., KARUNAGAPPALLY VILLAGE, KOLLAM DISTRICT, KERALA, PIN – 690573. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29732 OP (FC) NO. 206 OF 2025 -2- JUDGMENT Devan Ramachandran, J. The petitioner has approached this Court seeking that Exts.P1 and P2 applications be directed to be disposed of by the learned Family Court, Kottarakkara, within a time frame to be fixed by this Court. 2. Pertinently, the petitioner admits that he filed IA No.48/2025, namely Ext.P1 - seeking to set aside an ex parte decree issued against him in OP(Others)No.279/2018 - with a delay of 2409 days, and that he has also filed IA No.49/2025 to condone the same. 3. We notice – as admitted that the applications have been filed only on 11.03.2025, 2025:KER:29732 OP (FC) NO. 206 OF 2025 -3- and it is rather intriguing that the petitioner should have approached this Court seeking their expeditious disposal, within a period of one month, when he admits that they have been filed with the delay of 2409 days. 4. We, therefore, see no reason to intervene at this stage. 5. Perhaps being aware of the mind of this Court as afore, the learned counsel for the petitioner - Sri.Sanil Kumar A., submitted that his client is willing to deposit the entire decree amount before the Execution Court. 6. We leave the aforesaid liberty open to the petitioner, to seek before the learned Family Court because it would not be proper for us to intervene in pending execution proceedings. 2025:KER:29732 OP (FC) NO. 206 OF 2025 -4- We, therefore, dismiss this Original Petition without any further orders. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B.SNEHALATHA akv JUDGE 2025:KER:29732 OP (FC) NO. 206 OF 2025 -5- APPENDIX OF OP (FC) 206/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF I.A. NO.48/2025, DATED 11.03.2025 IN O.P.(OTHERS) NO.279/2018 ON THE FILES OF THE HON’BLE FAMILY COURT, KOTTARAKKARA EXHIBIT P2 TRUE COPY OF I.A. NO.49/2025, DATED 11.03.2025 IN O.P.(OTHERS) NO.279/2018 ON THE FILES OF THE HON’BLE FAMILY COURT, KOTTARAKKARA EXHIBIT P3 TRUE COPY OF E.P. NO.6/2019, DATED NIL IN O.P.(OTHERS) NO.279/2018 ON THE FILES OF THE HON’BLE FAMILY COURT, KOTTARAKKARA EXHIBIT P4 TRUE COPY OF E.A.NO.52/2025, DATED 19.03.2025 IN E.P. NO.6/2019 ON THE FILES OF THE HON’BLE FAMILY COURT, KOTTARAKKARA